If you believe you have been unjustly convicted of a crime or wrongfully imprisoned, you should not give up on your case. Seeking an appeal or a Writ of Habeas Corpus may help you be released from custody.

These two procedures follow very different paths, so it is important to place your trust in an experienced criminal defense attorney who understands how to successfully fight your conviction.

Appealing a Criminal Conviction (PC 1237)

An appeal is a challenge to a conviction at trial or the sentence imposed as a result. A higher court will review how the lower court applied the law in your case and determine whether errors were made that impacted your case.

If the appellate court finds that errors significantly influenced your trial, it can reverse the decision of the lower court. The result could be a new trial, a reduced sentence, or having your conviction thrown out entirely.

Grounds for appealing your conviction are generally limited to the following:

Evidence at trial was improperly admitted or excludeThe judge’s instructions to the jury were improperThe judge made an error or abused his or her discretion in sentencingThe prosecutor committed misconductOne or more jurors committed misconductYour trial attorney acted incompetentlyThe jury’s verdict was based on insufficient evidence

If you believe one of these errors was made during your trial, you should contact an experienced appellate attorney immediately. You only have 60 days from the date of being convicted of a felony to appeal your conviction. You need to act now.

The Writ of Habeas Corpus (PC 1473)

A Writ of Habeas Corpus may be an option for you if you or someone you love is being held in jail, prison or a mental health institution. A Writ of Habeas Corpus is a court order to “produce the body,” meaning the authority holding the individual must bring the person before the court and show a valid reason for keeping that person detained.

In 2017, California added new language to PC 1473 to also allow a person to submit a Writ of Habeas Corpus to vacate a conviction after he or she has been released from custody and put on probation or parole.

To be allowed to petition for a Writ of Habeas Corpus, you must first “exhaust your remedies.” This basically means that you have filed all possible appeals and not been successful.

A petition for a Writ of Habeas Corpus must be based on one or more of the following grounds:

You were convicted under an unconstitutional lawYou received ineffective assistance of counsel, or no counsel was providedThe prosecutor engaged in misconduct, such as submitting false evidence or hiding evidence favorable to your defenseYou were legally incompetent to stand trialYou have newly discovered evidenceChanges in the law under which you were convictedEvidence regarding battered woman's syndrome (if your conviction was prior to August 29, 1996), ORYou are challenging the conditions of your confinement

If you believe you have been unlawfully held in custody, speak to our experienced criminal defense attorneys at Wallin & Klarich about petitioning for a Writ of Habeas Corpus now.

Contact the Appellate Attorneys at Wallin & Klarich Today

At Wallin & Klarich, our skilled criminal defense attorneys have over 40 years of experience successfully representing clients in post-conviction matters. Let us help you and we can review your case to determine whether you have grounds for an appeal or Writ of Habeas Corpus.