Writ of Habeas Corpus Petition in Orange County
In California, any conviction of a crime can be appealed. If you’ve lost your appeal, you might think you’re out of options. But, there’s one more way to challenge your conviction: a Writ of Habeas Corpus petition. The Writ of Habeas Corpus is a legal defense against unlawful incarceration. The petitioner must show that he or she has been convicted in court either by a guilty plea or a verdict after trial. Additionally, the Petitioner must be in custody or be on parole or probation.
Habeas petitions are very difficult cases. Most petitions are denied with no reason or comment from the court. Many lawyers are aware of Habeas Corpus relief, but there are very few attorneys who have experience in preparing and litigating petitions for a Writ of Habeas Corpus. Having representation from an experienced writ of habeas corpus petition attorney can make all the difference to getting your freedom.
Law Office of Michael L. Guisti has handled a great deal of Habeas Corpus petitions and has been very successful in getting clients back into court to fight their convictions.
You can reach us at (888) 478-8999.
Habeas Corpus petitions are mostly used in criminal cases. But, they’re also used in some civil cases like child custody, contempt, and sexually violent predatory proceedings. Habeas Corpus petitions can be used to challenge probation conditions, parole, and sex offender registration. Here are the most common grounds for Habeas Corpus petitions:
- Ineffective defense counsel (or no counsel provided)
- Unconstitutional criminal law
- Lawyer misconduct
- Incompetent defense during trial
- Discovery of new evidence
- Changes to the law
- Prison conditions
California Habeas Corpus petitions fall under Penal Code section 1473. The law says:
"Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint."
This makes it legal for any person to challenge their sentence in California. Law Office of Michael L. Guisti can help.
Your Writ of Habeas Corpus petition can seek different types of "remedies." Legally, a "remedy" is request made by the accused person asking for some relief from their sentence. Here are some common remedies proposed in Writ of Habeas Corpus petitions:
- Ordering the prisoner be released from custody
- Transferring the prisoner to a difference facility
- Asking for a new trial
- Asking for bail to be set or reduced
Even if a court decides to grant your Writ of Habeas Corpus petitions, they might not grant your remedy. In some cases, the courts will decide that a different remedy is more appropriate for your case.
As with all criminal convictions, time is an important factor. While conviction appeals need to be filed within very specific time limits, a Writ of Habeas Corpus petition has no deadline. The only rule is that it must be brought while you are still in custody, on parole, or probation. This means that you don’t have an unlimited window of time to file your Writ. Of course, most people don’t want to wait. Contacting Law Office of Michael L. Guisti gets your Writ started immediately.
If the Petitioner exhausts all of his/her petitions in State Court, then relief in Federal Court may be available. But, unlike State Court, there are strict Federal Guidelines regarding time limits.
Our firm is experienced in handling writ of habeas corpus petitions. We’re ready to fight for your freedom. Contact us today at (888) 478-8999.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.