Petitions for Writs of Habeas Corpus in California State Courts - State Writs

If you've been convicted of a California criminal offense, there are many ways that you can challenge your case even after conviction. You can file a petition for a writ of habeas corpus any time after you are convicted, but your case will benefit from filing as soon as possible.

A petition for a writ of habeas corpus is typically used to challenge issues which were not part of the record during trial or during a guilty plea. For example, if your conviction came as a result of ineffective assistance of counsel or if you were pressured to take a guilty plea, a writ of habeas corpus may remedy the situation.

Other reasons for filing a state are: newly discovered evidence which would affect your guilt or punishment; challenging false evidence which led to a conviction or guilty plea; jury misconduct; and many more issues.

A state petition for writ of habeas corpus is literally a civil lawsuit against the warden or jailer who has you in custody. The petition is typically filed in the court where you were convicted, but can be filed in any of California's three courts - the trial court, the appellate court, or the Supreme Court.

The process begins by filing the petition in the appropriately selected court. If the petition has merit, the court orders the prosecution to file a response. Defense counsel then has a chance to reply to this response. The court can then do many things: hear oral argument; receive evidence through testimony; or deny or grant the petition outright.

Filing a petition for a writ of habeas corpus is an intricate and detailed process that many lawyers lack the knowledge and experience to successfully execute. However, a skilled defense attorney from The Kavinoky Law Firm will effectively petition the court on your behalf to bring you the justice you deserve. Please contact us today for a free consultation.