Criminal Defense in Orange County
Understanding Writ of Habeas Corpus

Habeas Corpus Writ Attorney in Orange County

Take Legal Action to Reclaim Your Freedom

Even after a trial has ended and the judge has rendered a final judgment and issued your sentence, it is not too late to take legal action to protect your rights. Many individuals choose to appeal a trial verdict and have an appellate court review the case record. Unfortunately, a criminal conviction or sentencing may only be appealed once—if the appeal fails, a second appeal may not be made. Luckily, there is still legal action that may be taken, in the form of writs.

Writs are written orders issued by government entities that command another government entity to take specific actions. Writs that may be petitioned in court are often administered by a higher court with more judicial power. For example, the Supreme Court of the United States may use a writ of certiorari to review cases from United States Courts of Appeals or state courts. When it comes to protecting yourself against an unlawful or erroneous prison sentence, you may petition the court for a writ of habeas corpus to challenge the order.

Over 2,500 Cases Handled & More Than 1,100 Dismissals Secured

At The Law Office of Barney B. Gibbs, we know the ins and outs of criminal defense. Our Anaheim criminal defense lawyer has more than 35 years of experience in criminal law. His record speaks for itself—with more than 3,000 cases handled and 2,000 counts dismissed under his belt, Attorney Gibbs has tackled complex criminal issues of all kinds. Whether you are considering legal counsel for trial, a criminal appeal, or writ petitions after judgment, our criminal defense lawyer has the valuable set of skills and experience you want in your corner.

Using a Writ of Habeas Corpus

Habeas corpus is not the only writ available, but it is perhaps the most common and most effective writ that may be used by the accused. In addition, the trial does not have to be underway, nor is the individual required to petition for the writ before a sentence has begun. In fact, habeas corpus is frequently used after the accused has already begun serving a prison sentence.

When new evidence comes to light, or it is discovered that a legal error led to a prejudice in your case that directly influenced the conviction and/or sentencing, petition for a writ of habeas corpus. If the writ is granted, the accused may return to court to have their case reviewed in light of the potential miscarriage of justice. You may be able to reduce your term of imprisonment, or eliminate it entirely!

Challenging Other Types of Custody

Habeas corpus is not strictly for the accused who are serving a prison sentence. The writ may also be petitioned for many other types of court-ordered custody. For example, if a judge orders pretrial detention, the accused may petition for habeas corpus to challenge the decision. A successful petition must be able to demonstrate a valid reason for changing the order. Review your circumstances with our legal team and pursue an effective course of legal action!

Protect Your Future Opportunities — Call (888) 594-0660

If you or a loved one is serving time in prison or jail because of a legal error or other miscarriage of justice, take action to protect your freedom with a writ of habeas corpus. The Anaheim criminal defense attorney at our firm has helped thousands of clients find positive solutions to complex legal issues of all kinds. When it comes to protecting your future and securing your freedom, trust a legal team that has a proven record of success. Schedule a free case evaluation with The Law Office of Barney B. Gibbs and get the legal assistance you may need to secure your freedom!

When you work with our firm, you work directly with our attorney—not a paralegal. We are proud to offer flexible financing options. Contact us today!

Awards

  • NORTH ORANGE COUNTY BAR ASSOCIATION
  • Better Business Bureau

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