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 20+ 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 (707) 659-0901.
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.
I am innocent—do I still need a criminal defense attorney?Yes! If you have been arrested there is a chance you may be convicted, even if you truly did nothing wrong. Having a Santa Rosa criminal defense attorney from The Law Office of Joe Bisbiglia on your side can aggressively fight to protect you from false charges. An experienced attorney can make all the difference when standing up for you so your choice of representation is a very important one.
What is the difference between probation and parole?Parole takes place after a person has spent time in prison, whereas probation may be used as an actual alternative criminal sentence. Parole is usually used to monitor a person who has been released from jail. Probation is a criminal sentence for those convicted of lesser offenses.
How does the prosecution determine the charges I will face?The prosecution will look to convict you on charges they feel have sufficient evidence for a conviction. A case will typically be dropped if the prosecution feels that there is not enough evidence to reach a conviction. What constitutes enough evidence to the prosecutor is up to their discretion.
What is a grand jury?Grand juries are made up of individuals used to determine if enough evidence exists in order to take a case to trial. A grand jury will use witness testimony, documentation, and other evidence in reaching its determination. The grand jury will decide whether the case will go to trial in the end.
Will I be arrested for refusing to give police a statement?Exercising you right to silence cannot be used against you. You are protected from testifying against yourself by the Fifth Amendment. If a police officer is trying to intimidate you into giving a statement, get in touch with a criminal defense attorney immediately.
He is genuine and passionate about what he does and if you visit his official website you’ll see there’s a reason why he chose the profession he’s in. During my case, he was forthcoming and open about my options and made sure I was aware- Gilbert S.
From the moment I contacted his office, I received timely, courteous and personal replies concerning every aspect of my DUI case. I was made to feel like a unique individual, not a faceless entity or case number.- Joanna M.
I got DUI in Santa Rosa and was recommended to use Joe. He gave a Flat fee of 2000 which was awesome compared to other lawyers who said a variable between 3500-5000.- Rebecca K.
Feeling hopeless and lost, Joe brought comfort for me and my family throughout our process of our business relationship. He kept us informed and was a beyond exemplary. Joe really knows his craft and also has a heart to boot.- Gwenell S.
His professionalism in representing me in my own personal case helped me during a time of turmoil and confusion. He truly cares about what he does and was dedicated to making sure any and all questions I had were answered in a timely manner.- Ishii A.
Joe works miracles literally my fiancé was for sure on his way to prison and he got him out of a prison twice!- Ashley O.
I can’t express how grateful I am for Joe and his knowledge on domestic violence cases and restraining orders. Joe was always free to discuss any matters of the case I needed, and didn’t nickel and dime me through the process.- Ashlee D.
He is a great lawyer. Stayed communicated. He cares his human and not out just for the money.- Sandra