5 Steps to Appeal a Criminal Conviction

A criminal case does not typically end with a guilty or not guilty verdict. Either party can appeal the ruling, and the case can continue. Defendants who feel they’re wrongfully convicted can make a motion to the trial judge seeking to overturn the verdict. They can also ask for a new trial or appeal to the higher court to reverse the wrongful conviction.

If you’ve chosen the third option, here’s how you can make a successful appeal.

Step 1: Filing a Notice of Appeal

The Notice of Appeal typically must be filed within 30 days of the trial court judgment. There are three methods to file an appeal in Georgia: direct appeal, a discretionary application to appeal, or making an interlocutory appeal. The appellate attorney must determine the type of appeal and to which court it needs to be filed.

The attorney must also know if the order is appealable or non-appealable. This distinction can be complicated because what looks like a final order can be appealable and vice versa. Experienced appellate lawyers know the difference between summary judgments, final orders, and orders granting summary judgment with words of finality.

Step 2: Gathering Evidence for the Appeal

Appellate courts do not admit new evidence or testimony. Plus, they do not entertain evidentiary hearings. The appellate attorney evaluates evidence, testimonies, and documents already presented before the trial court.

Typically, the standard filings are sent to the appellate court. But attorneys have to be careful because the trial clerk may not include essential documents, or worse, leave out the required filings. They will also need to collect transcripts of relevant hearings.

Step 3: Doing Research

An appellate brief is the most critical aspect of an appeal. To write a good brief, the lawyer will need to spend a good amount of research to filter issues that are worth appealing and those that are not worth appealing.

Step 4: Write an Appeal

Appellate attorneys must have excellent writing skills. Experienced lawyers use statutes, constitutions, precedential cases, an appropriate source of law, and administrative rules. They use these resources to create a watertight brief and argue why the trial court conviction must be reversed.

Step 5: Making an Oral Argument

Not all appeals necessitate an oral argument. However, when they are necessary, they can be impactful. Some of the questions discussed during the oral argument include facts, relevant case laws, hypotheticals, and public policy issues. Experienced attorneys always make it a point to answer the questions directly rather than evading them because they deem it detrimental to the case.

Remember to choose a qualified appellate attorney dedicated to appellate practice and maximize your chances of winning.

 

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How Long Does It Take For A Federal Criminal Appeal To Be Decided By The Court

How long does an appeal take? Recognizing that the appeal of a federal court case can take over a year is key to managing your legal situation. Staying patient and calm in the face of adversity is an essential first step in overcoming your legal challenges.

Every day a desperate person in considerably serious legal trouble scours the internet, searching terms like “how long does a criminal appeal take,” “how long does it take for an appeal,” “how long does an appeal take,” and other related items. Sometimes the desperate search for an answer and solution to your legal trouble can lead to more anxiety.

In most cases, the best thing you can do is better understand the federal legal system and protocol when dealing with an appeal. It’s easier to move forward and battle your legal situation armed with an efficient amount of knowledge about the system and laws you’re battling

How Long Does The Appeal Process Take

When people ask, “how long does an appeal take?” There is no definite answer. Most appeals end up becoming settled in a certain window of time. Generally, the process takes somewhere between 6 to 18 months.

The exact length of time is based on several variables. It’s possible to be more prepared by becoming proactive regarding your appeal. Accomplishing certain steps ahead of time could expedite your appeal process.

How Long Does an Appeal Take? The Process Broken Down

To get a more efficient answer to the question, “how long does an appeal take?” It helps to have a clear picture of the specific steps leading to the final court date.

• After your sentencing date, your lawyer needs to file a motion of appeal. This motion needs to be filed within ten days of your sentencing. The motion is just the act of letting the court know you plan to appeal.
• Once the courts are aware of your plan to appeal, your lawyer has thirty days to file the actual appeal.
• After the courts receive the appeal, a copy is forwarded to the prosecutor. The prosecutor has thirty days to file a written response to your appeal.
• After the appeal is received and the prosecutor’s response is logged and reviewed by the judge, the appeal date gets entered in the court calendar. How long does an appeal take from here? From this point, it can take three to four months before the case ends up on the docket.
• Once the judge has read the briefs of the case and heard oral deposition and argument from both sides, he may take as much time as he needs to decide the outcome of the appeal.

How long does an appeal take in federal court? Keep in mind that federal court cases and appeals can take 25 to 50% longer than court cases involved at the local or state level. It’s important to remain calm and patient while waiting for your appeal date.

The steps of the process may vary slightly, depending on what is being appealed. Your attorney will have to make an important decision on how to approach the appeal.

If your attorney believes that the entire outcome of the case can be overturned, then he or she may decide to appeal the verdict. Appealing the verdict means your lawyer is attempting to change the final decision and outcome of the trial.

With the proper evidence and briefs presented to the judge, it’s possible that your attorney can have the verdict overturned. An overturned verdict would mean a guilty verdict is changed to a not-guilty verdict. This change in the trial result would mean that the sentencing becomes irrelevant, and the sentence would also be overturned.

However, if your attorney believes that there is no possibility for the verdict to be overturned, they may appeal the sentence that was handed down. The sentence can be appealed for several reasons. Dynamics that could sway the sentencing include a defendant’s mental capacity, the circumstances of the case, and the defendant’s health condition.

For example, if a sentence of 20 years was handed down to an individual who is elderly with a terminal illness, this could lead to a lighter sentence on the appeal date. A judge may grant an early compassionate release of five, ten, or fifteen years depending on the mindset of the judge and recommendations from the prosecuting attorney.

How Long Does an Appeal Take with a Good Lawyer?

A good lawyer does not influence the amount of time your appeal will take. However, a good lawyer will file the correct deadlines on time and help prepare you for the process.

An efficient attorney should walk you through the entire process and ensure you understand each step as it happens. Doing this helps you remain present in the situation and prevents anxiety from being left in the dark

How Long Does an Appeal Take on the Day of Court?

Keep in mind that a court date for appeal is not the same as your trial date. Trial dates and other steps leading up to the trial can be substantially longer than the appeal. This is what the appeal process looks like in the courtroom.

• Your attorney doesn’t present evidence or examine and cross-examine witnesses like a trial.
•  Your attorney will write long legal briefs. These briefs are based on the reason the appeal was filed in the first place.
• Your lawyer’s best arguments are presented to the judge orally in a short hearing. Your lawyer’s argument will all be based on the grounds for appeal.

How Long Does an Appeal Take On the Right Grounds for Appeal?

The process will take the same amount of time regardless of how solid your lawyer’s grounds for appeal are. There are several main grounds for appeal your attorney could decide to use in your motion.

1.  Appeal Based on an Unfair Jury

Suppose your lawyer decides the jury was unfair for some reason. In that case, this could be grounds for an appeal and overturning of your case. Sometimes a jury is considered unfair if a conflict of interest between the defendant and someone on the jury panel. Race, sex, religion, and other issues can also play in an unfair jury situation.

2.  Appeal Based on Lack of Evidence

After your sentencing, if your lawyer can find an issue with the evidence, your case could be overturned. Any lack of evidence or proof the evidence was damaged or tampered with is grounds for an appeal.

3.  Appeal Based on New Laws/Sentencing Guidelines

Assuming laws have changed or there have been significant changes to sentencing guidelines, your lawyer can make a motion for appeal.

Waiting for your case to be heard in an appeal situation can be stressful and frightening. It’s important to stay grounded and trust your attorney.

A solid attorney will keep a high level of communication with you and always explain every step with a certain degree of honesty. When you can rely on all these factors, the appeals process becomes easier and less stressful.

If you don’t receive the outcome you were expecting in regards to your federal appeal, all hope is not lost. This could mean it’s time to take the next step and take your case to the Supreme Court.

Resources:

https://www.grgblaw.com/wisconsin-trial-lawyers/federal-criminal-appeal-how-long-does-process-take

https://www.spolinlaw.com/blog/2019/04/03/how-long-will-my-appeal-take/

https://www.ronaslamlaw.com/how-long-does-a-criminal-appeal-take/

https://federalcriminallawcenter.com/frequently-asked-questions/how-long-do-federal-appeals-take/

https://www.whitecollarcrimeresources.com/how-long-does-a-federal-criminal-appeal-take.html

https://www.grabellaw.com/how-long-does-a-federal-criminal-appeal-take.html

 

 

 

 

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What Is Appellate Law?

Appellate law is about undoing a less than favorable trial court outcome. However, an appeal is not a new trial because you cannot present new evidence or consider new witnesses.

Appellate lawyers scrutinize trial records and other documents, including trial transcripts and evidentiary materials. Then, they analyze relevant case laws to decide if it makes sense to appeal. Such decisions are based on errors in the trial procedure or an error in the interpretation of the law.

If there is a sufficient reason for the appeal, the appeal lawyer files a brief. The brief presents relevant arguments for the appeal and seeks an opportunity for the lawyer to argue those points.

What Is the Need for Appellate Law?

Appellate courts exist to review the decision of the lower court or the order of an administrative agency. Appeals determine if the court has applied the law correctly or if the judge has made a mistake. Appellate laws are set to correct these mistakes and give people access to a fair rule of law.

Similarly, sometimes one court’s ruling can affect a larger segment of society. In those cases, the higher court steps in to make a policy decision that the lower courts apply in future decisions.

What Is the Appellate Process?

The process begins by filing a notice of appeal. The appeal lawyer files a brief stating the client’s side of the facts and legal arguments. The party appealing is called appellant, and the party required to respond is the appellee. The appellee then files an answer brief giving reasons for opposing the brief. The appellant may then file a second brief, answering points raised in the reply brief.

Sometimes, a decision is made based on the written brief.  Other times, the appellate court allows an oral argument before coming to a decision.

What Are the Different Types of Appeal?

There are two types of appeals. Here is a quick look at both of them.

• Appeal as a Matter of Right

This type of appeal refers to a party’s right to appeal a trial court’s decision without needing approval from any court.

• Discretionary Appeal

This type refers to an appellate court’s discretion to decide whether an appeal is to be reviewed by the court.

What Are the Different Standards of Review?

There are three basic categories of decisions that can be appealed for review. They are questions of law, questions of fact, and questions of abuse of discretion. Additionally, findings of facts are reviewed for clear error.

Are you looking for federal appeal lawyers in Georgia? Call us at 888-233-8895 for a consultation about your case.

 

 

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4 Qualities to Look for in a Federal Appeal Lawyer

Appellate advocacy is the best way to undo an unfavorable judgment or preserve a hard-fought victory. But appellate advocacy requires specific skills that are different from those needed in a trial lawyer.

If you are looking for a federal appeal lawyer, here are a few qualities to consider.

1. Expertise

Appellate law is different. While a trial lawyer lays facts before the jury and judge, an appeal lawyer emphasizes legal errors in the trial records and presents them before the appellate judge. A trial lawyer’s talent lies in appealing to the jury, examining and cross-examining witnesses, and presenting the case. However, an appellate judge must decide on what’s presented to them in the brief.

Find an attorney who specializes exclusively in appellate advocacy.

2. Experience

An inexperienced appellate attorney won’t know what to look for when analyzing a trial record. A lawyer specializing in appellate advocacy understands the local rules related to deadlines and other specific requirements for appellate fillings. They know the relevant standard of appeal applicable to a case and have enough experience with procedural law. Good appellate attorneys also understand how to address issues important to appellate judges.

Choose an appeal lawyer who has experience in many areas of state and federal appeals.

3. Excellent Analytical Skills

A significant part of appellate law concerns analyzing and reviewing trial records to look for errors and using them when writing briefs. The lawyer must be good at understanding legal developments and exploring their implications on a current case. Explaining legal principles is an essential talent that’s useful for appellate litigation.

4. Objectivity

Appellate attorneys take an objective approach to their practice and are seldom driven by emotion. This objectivity allows them to bring a fresh perspective to the case and see the bigger picture during an appeal. Their logical thinking helps them make independent judgments about the merits and weaknesses of their client’s position. Their objectivity also makes them good at detailed-oriented tasks—an essential skill for appellate law.

Are you looking for a federal appeal lawyer? Call now to schedule a free consultation.

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Top 25 Questions to Ask Your Criminal Appeal Lawyer

Introduction

If you have to file a criminal appeal, you already know that you need to hire a criminal appeals lawyer. But how do you find the right one? With so many lawyers making many promises to you, it’s important to know which questions to ask a criminal defense appellate lawyer.

In this article, we’ll outline the most important questions to ask a criminal appeal attorney before hiring them. That way, you can be confident about your choice.

Questions to Ask Criminal Defense Appeal Attorney: The Financial Aspects

1. Do you offer an initial consultation free of charge?

Many lawyers offer a free consultation, during which you will have the opportunity to present the details of your case. After speaking with you and reviewing the details, they should be able to give you an idea of how they would handle the case and their fees.

2. What are the actual legal fees associated with my case?

Lawyers are expensive, which is why one of the first questions to ask a criminal defense appeal attorney involves money. What do they charge, and when? Also, don’t forget to ask what happens if your case goes to trial, as that can increase your costs exponentially.

3. Do you charge by the hour or do you have an inclusive fee?

Every lawyer is different when it comes to how they charge their clients. Some charge an hourly rate while others charge for specific services. Either way, you’ll typically need to pay some kind of retainer upfront.

You need to know everything you can about the financials, which is why these are great questions to ask a criminal appeal attorney before hiring them.

4. Do you offer payment plans?

Many people who are faced with criminal appeals have already spent a lot of money on legal fees. It doesn’t hurt to ask about payment plans as one of your questions to ask a criminal defense appellate attorney.

Questions to Ask Criminal Appeal Lawyer: The Attorney’s Experience

5. Does your practice focus mainly or exclusively on criminal law?

Many firms take cases for which they are not experts. Even if your particular attorney handles only criminal law or appeals, they won’t have the resources of an experienced team if it isn’t the firm’s main focus. That’s why these are crucial questions to ask a criminal appeal lawyer.  Be sure to inquire how many appeals they have handled so far as well.

6. What percentage of the practice is devoted to appellate criminal law?

A list of criminal defense appeal attorney questions must involve many about their past experience. This one helps you make sure that the attorney you hire has specific experience in what you need the most.

7. How long have you been practicing as a criminal defense appeal lawyer?

Keep in mind when including this as one of your questions to ask a criminal defense appellate lawyer: new isn’t always bad. Young lawyers who are freshly barred are often quite passionate and devoted. If they are relatively new to the area, just make sure they have appropriate resources for when they need assistance.

8. Are you certified by the state bar or supreme court as a criminal appeals lawyer?

Anyone practicing law has passed the bar exam; otherwise, they wouldn’t be able to do so legally. But this is still an essential question to ask a criminal defense appeal attorney because, once again, you want them to be an expert in your particular type of case.

9. Do you have specific experience with cases like mine?

If you’ve established that they are certified in criminal appeals, you still want to ask about specific cases like yours as one of your questions to ask criminal appeal lawyers. If they have, they should be able to give you specific examples from their experience.

10. How many appeals cases have you argued at the courthouse where mine will be held?

This is a critical question to ask a criminal defense appellate lawyer. It might not seem like it makes a difference, but if they’ve argued at the same place, they’re familiar with how the building works, the staff, and potentially the judges. All of this can make a difference.

11. Have you ever overturned a criminal or civil judgment?

Of all of the criminal defense appeal attorney questions to ask, this is one of the most important. It doesn’t matter how many cases your potential attorney has argued if they haven’t done so successfully.

You may also want to ask for details about the appeals cases they have won and lost. Including that as one of your questions to ask a criminal defense appeal attorney helps give you an idea of your chances.

12. How often do your cases go to trial?

Going to trial isn’t necessarily a bad thing, but you still want to have an idea of the likelihood of this happening to you, so be sure to include it as one of your questions to ask a criminal defense appellate lawyer.

13. To which professional organizations do you belong?

This isn’t an absolutely crucial element, but asking this as one of your questions to ask a criminal defense appeal attorney helps give you an idea of how active they are in their field and how passionate they are about their work.

14. Ask for writing samples.

This might seem like a more minor question to ask criminal appeal lawyers, but the writing of your brief and other legal documents has a bearing on the outcome of your case.

15. Where can I read actual reviews?

Not all attorneys have reviews, but true, accurate ones can be hard to find online. Some attorneys compile some form of them, so this is a good question to ask a criminal defense appellate lawyer.

16. What issues have you had with past clients?

A reputable lawyer should answer this question to ask a criminal defense appeal attorney honestly, giving an explanation for their past clients’ discontent with their work. That can give you an idea of what to expect from them.

17. Are you confident that you can handle this case?

For some people, it might be awkward to ask this good criminal defense appeal attorney question, but it’s still an essential one. They should be confident about an affirmative answer, and their tone of voice may tell you something as well.

 

In addition, consider asking: “Is this a job for more than just you?” as one of your questions to ask a criminal appeal lawyer.

Questions to Ask a Criminal Defense Appellate Lawyer: How Your Case Will Be Handled

18. Who will actually handle my case?

When compiling your questions to ask a criminal defense appellate lawyer, you should be aware that the lawyer you hire won’t be the only one working on your case, and you want to know who else it might be. Will it be you or will it be turned over to a case manager, junior lawyer, or another assistant?

19. Ask for an honest opinion on the outcome of your case.

When you present this question to ask a criminal defense appeal attorney, you likely won’t get a definite answer, but that’s a good sign. What you want to know is that the attorney can walk you through several possible outcomes and help you weigh your options.

20. What strategies and tactics will you use?

Whether you have an idea of how you want them to handle your case or not, this is still a crucial question to ask a criminal appeal attorney. You don’t want to be blindsided by tactics of which you don’t approve or with which you disagree.

21. How often will I hear from you?

Not hearing from your lawyer can be one of the most frustrating parts of an appeal, especially since the courts sometimes run slow. This fact makes this one of the most essential questions to ask a criminal appeal lawyer. Get an idea of how communicative they will be upfront.

22. Who will write the brief? Who will argue my case?

Right alongside who will handle your case, get more details about the most important aspects by asking this as one of your questions to ask a criminal defense appellate lawyer. Once again, you don’t want any surprises with the handling of these critically important parts of your case.

23. Is this more than just a job for you?

This is an honest question to ask a criminal defense appellate attorney, and it warrants an honest answer on their part. Reputable lawyers should never take a case they cannot handle. They may recommend outside resources or even recommend another firm.

Questions to Ask Yourself

24. Does this attorney make you feel confident?

A criminal appeal is stressful enough by itself; you don’t need to feel insecure about the decision to hire your lawyer and wonder all along if you made a good or bad choice. Do some serious soul-searching before signing anything binding.

25. How does this attorney treat you?

Equally important, you want to work with someone who treats you with dignity and respect, who listens to your needs and objectives, and who can engage you in meaningful communication. In short, you need someone who treats you like a human being who is deserving of all of those things.

Hire the Best by Asking Good Criminal Defense Appeal Attorney Questions

By starting with the above questions to ask a criminal defense appellate lawyer, you can be sure that you hire the best lawyer to handle your case.

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What Are the Causes of Wrongful Conviction?

Although we have a robust judicial system that aims to protect innocent people, wrongful convictions still happen for several reasons. Some people spend more than ten years in jail and only then get exonerated later. Someone who is wrongfully convicted may go through trauma that scars them for life. What leads to wrongful convictions? If a friend or relative has been wrongly convicted in criminal cases, hire an appeal lawyer to get justice.

Following are the possible causes of wrongful convictions across the USA.

Incompetent Defense Lawyers

When a defendant does not have the resources to hire an experienced lawyer, they may get an incompetent or overburdened lawyer who is ineffective in the case. Not properly preparing for the trial can jeopardize an innocent person’s freedom and life. In such instances, the best thing the defendant can do is get an appellate attorney. Experienced appellate attorneys may be able to help even those who have spent a few years in prison or are sentenced to the death penalty.

Unreliable Witnesses

Eyewitness error is the most common cause of wrongful convictions. According to research, an eyewitness cannot recall the exact events reliable like a tape or video recorder. It’s difficult for witnesses to preserve the memory without it getting contaminated. Of the convictions overturned by DNA testing, 72% of the cases had eyewitness errors.

False Confessions

Innocent defendants may make incriminating statements or plead guilty because of external influences. These confessions can sentence them to life in prison or the death penalty. Some people on trial may make a false confession because of a real or perceived threat from the police. Fear of a harsher punishment is also a reason someone may falsely confess.

Negligence and Misconduct of Officials

Some wrongful convictions are caused by negligence or honest mistakes by the prosecutors and law enforcement officials. Misconduct of the prosecutor or police department is another popular reason.

If you find errors in the proceedings in a trial court, you can appeal in an appellate court. Hiring an appellate lawyer is the best way to handle the case.

Error in Forensic Evidence

Apart from DNA testing, hair microscopy, firearm tool mark analysis, bite mark comparison, and shoe print comparisons may also be submitted as evidence. There are chances that this forensic evidence can be fabricated, putting the freedom or life of an innocent person in danger.

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Difference Between an Appeal and a Writ of Habeas Corpus

Introduction

When an individual has been convicted of a crime, there is often a plan within that individual’s legal team and support network to dispute the outcome of the case.

There are a couple of ways to dispute a conviction, which includes a direct appeal and a writ of habeas corpus. For individuals who are not experienced in criminal law, the difference between the two processes can be extremely confusing, and it can be difficult to determine which process to approach in a given case.

Let us examine several key pieces of information about both legal processes. In this article, we will cover what a direct appeal is, what a writ of habeas corpus is, how each process works, what each process covers, and the main differences between the two approaches.

This way, convicted individuals and their support networks can become better informed about their unique circumstances and which legal process they should take for the best possible result.

What is a Direct Appeal?

A direct appeal allows a convicted individual to be seen by an appellate court in order to try proving that the court that handled the case made a mistake during the proceedings. During an appeal, a person convicted of a crime and their legal representative tries to point out intentional or unintentional wrongdoing on the court’s behalf.

The end goal of a successful appeal is to be granted a new trial.

A direct appeal must involve issues within the trial records, meaning that only court reports or court documents can be included as part of the appeal. Additionally, only preserved issues can be appealed. This means that the defense attorney had to object or file a written complaint about the issue during the trial.

During an appeal, the convicted individual and their legal representative submit written briefs that clearly explain the issues discovered in the court records. The court will examine the briefs and the court records before approving or denying the appeal.

An individual can appeal a record even after pleading guilty to an offense, so long as the issue was presented prior to the plea, and the court allows that individual’s right to appeal.

How Does the Appeal Process Work?

To file an appeal, a convicted individual should first hire an appellate attorney, and then with that attorney’s assistance, file a Notice of Appeal. From there, the individual and his or her legal team will prepare their Record on Appeal, carefully scan through court records, and try to locate pieces of information that can be disputed.

The individual and his or her legal team will then prepare appeal briefs, which will be the key pieces of information that the panel of judges will consider when examining the appeal.

While oral arguments used to be a significant part of the appeals process, they’re typically not very common anymore. Most of the case is examined through written information.

What Can Happen After An Appeal?

After a convicted individual files an appeal and the appellate court examines the findings, one of several outcomes can occur.

• The convicted individual may be granted a new trial.
• The convicted individual may be granted a new sentencing hearing.
• The convicted individual may have their sentence affirmed.
• The conviction may be overturned.

What is a Writ?

In general, a writ of law is an order that’s written and issued by a body with legal jurisdiction, usually a court. These documents typically command a party to take a certain action or abstain from a certain action.

A Writ of Habeas Corpus following a conviction is a court order that demands an imprisoned individual be delivered to the court, as well as confirming a valid reason for having the imprisoned person in custody. During this procedure, incarcerated individuals and their legal representatives are able to dispute the legality of the person’s confinement and present new information to the court.

Writs of Habeas Corpus are filed when a conviction is deemed final, and are often filed as a last resort once appeals have been exhausted, or when a direct appeal is not available.

These documents can be used to call for an examination of case facts, witness statements, attorney affadivits, and many more pieces of information that go beyond standard court records.

Legal Writ Types

While a Writ of Habeas Corpus is one of the most common writs used in the court system, there are several other writs that are used in a variety of legal cases. For example, Writs of Certiorari and Writs of Mandamus.

• Writ of Certiorari is a writ that orders a court to provide records from a case so that a higher court can review the facts. Like Habeas Corpus, these writs can be used when appeals have failed.
• Writ of Mandamus is an order from a higher court that requires a public official to act within the powers of their position, such as performing actions that they’re legally required to perform.
• Writ of Quo Warranto demands that an official named within the writ explains how and why they’re authorized to exercise an action or claim a certain power.
• Writ of Prohibition is a legal demand for a subordinate or lower tribunal to cease performing an action it does not have authority to perform.

These writs are the most commonly used documents when it comes to a convicted individual disputing their conviction, however, these writs are often referred to by other titles in addition to their official name.

A writ like those mentioned above may also be referred to as a writ of appeals, writ petition, a habeas corpus appeal, or a writ of certification.

How Does Habeas Corpus Work?

A habeas appeal works by requesting that a court looks into the facts surrounding an individual’s imprisonment in order to determine whether he or she is behing held illegally or put on probation or parole illegally.

An individual who would like to utilize a writ of habeas corpus must first file a petition that is signed by either the individual himself/herself, or someone acting on that person’s behalf. If the court finds that individual is within that court’s jurisdiction, the petition will be examined.

Should the court decide upon examination of the facts and/or new evidence that the individual is being held illegally, the court can order the release of the individual or another solution to be reached (though release is usually the goal).

Unlike standard criminal proceedings, the habeas corpus process places the burden of proof on the petitioner rather than the court.

Additionally, there are two types of habeas corpus processes, state level and federal level. The federal habeas corpus laws offer a prisoner a way to seek federal help to determine whether his or her conviction is constitutional, but this is done after the convicted individual has presented his or her case to courts at a state level.

What Are the Key Differences?

Though a Writ of Habeas Corpus and a direct appeal are both used to help convicted individuals protect themselves from legal flaws, there are a few key differences between the two.

For one, appeals are intended to correct errors that were made during an individual’s trial within the confines of court records.

A Writ of Habeas Corpus can also be used to point out court errors, but can cover information beyond the court records, including new evidence that the court has not yet seen.

Direct appeals involve deadlines throughout the steps of the process (usually 30-days for each) while the writ system does not usually require any deadlines.

A direct appeal is filed through appellate court, while the habeas corpus process is filed and managed through the court of conviction.

Direct appeals are usually the first step toward disputing the outcome of a criminal case, and a convicted individual may have the right to appeal their conviction more than once.

On the other hand, a writ of habeas corpus is often seen as a last resort to dispute the legality of the individual’s conviction and subsequent incarceration. These measures are usually taken when immediate relief is needed (such as in cases of illegal imprisonment), or the individual is not given the right to appeal a decision of the court.

Conclusion

Disputing a conviction can be a challenging, demanding process, so it’s necessary when appealing an outcome or utilizing a writ of habeas corpus to work with an experienced legal professional. By ensuring that you or a convicted loved one are protected with legal representation, you’re more likely to proceed correctly and achieve relative success at the end of the process.

Let Brownstone Law provide you with professional legal counsel during your appeal. Our attorneys have decades of experience when it comes to navigating the complexities of appellate court, and as such, we can represent you throughout the entire process. We welcome you to contact us online, or at the phone number corresponding with your state listed at the tip of the page.

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