Writs & Appeals Attorney
Criminal Defense Lawyer in Santa Rosa
When a court, judge, or government official makes an erroneous decision,
it can lead to defendant mistreatment, critical case errors, or even wrongful
imprisonment. In order to correct such dire mistakes, filing for an appeal
or petitioning for a writ are often the only possible solutions. Finding
a criminal defense attorney with the know-how to handle such a complex,
high-stakes matter will be absolutely necessary.
My name is Joe Bisbiglia, and I am a writs and appeals lawyer in Santa
Rosa who is here to assist you. In my
15+ years of legal experience, I have successfully managed some of the most difficult and complex criminal
defense cases the courts of Northern California have seen, as many of my
previous clients can attest. When you have found yourself in need of focused, skillful, and confident
representation, I encourage you to call my law office at
email me for an
Appeals to Higher Courts
If a trial court case concludes with a judgment of conviction but there
is reason to believe an error led to that judgment, an appeal may be used
to attack that judgment. An appeal is a legal request to a higher court,
such as a Court of Appeal or Supreme Court of the same state or the United
States Supreme Court, to review the case for technical errors that could
have impacted its outcome. If one is deemed to exist, the higher court
may reverse the conviction, adjust the ruling, or alter sentencing, or
simply send the case back to the lower court for a retrial.
Reasons an appeal may be successful in a higher court:
Legal error: Every stage of the criminal justice system should be carried out to the
letter of the law. Any deviation from the norm, whether in pretrial motions
or during the trial itself, could alter the outcome of the case. Indications
of serious legal errors, such as inadmissible evidence being used against
the defendant, often form the basis of an appeal’s success.
Miscarriage of justice: Flagrant or egregious errors within a criminal proceeding may be labeled
as miscarriages of justice and warrant a reversal on appeal. Openly biased
jury members, lack of courtroom interpreters for a defendant who does
not speak English as a first language, and defense counsel that actually
works against the defendant are a few examples of miscarriages of justice.
Erroneous judgment: A judge generally must use only the evidence and circumstances proven in
court when deciding the applicable and appropriate penalties associated
with a particular conviction. If the criminal punishment is unjustifiably
steep in light of the evidence available for the court’s consideration,
it could lead to a successful appeal. In such a situation, the appeal
would most likely seek to reduce the sentence imposed, rather than vie
for an entirely new trial.
Petitioning for a Writ
In some regards, a writ can be seen as an expedited form of an appeal.
A lawyer can petition a higher court for a writ after an error or oversight
places a client in jail, either as part of sentencing or as detainment
before a trial occurs. A common type of writ is a writ of habeas corpus,
which demands that the incarcerated person be given a court date as soon
as possible to argue for relief.
Other forms of writs that may be of use in your case include:
- Writs of mandamus
- Writs of prohibition
- Writs of coram nobis
- Administrative mandamus writs
Appeals may take weeks, months, or longer to conclude since they move through
the congested court system like another case. Writs are typically expedited
and can sometimes be seen by a judge and acted upon in a matter of days.
Due to the complexity and power of writs, they are regarded as last resort
post-conviction options for the wrongfully imprisoned, usually only approved
by a court when an appeal or alternative method is unavailable. You must
be certain that your legal counsel has the ability and thorough understanding
of laws and litigation to be able to successfully petition a writ.
Serious Representation in the Face of Serious Consequences
Writs and appeals may be the last effort available to protect you from
unreasonable penalties, unjust convictions, and other abuses of the criminal
justice system. Let me be the one to come to your side, stand before the
court on your behalf, and do everything in my power to have your writ
or appeal approved. So many people already know I am the Santa Rosa criminal
defense attorney they can trust. Join them in their knowledge by
contacting me and setting up an initial consultation.