A criminal appeal and habeas attorney in Costa Mesa can help you when you lose your case in the trial court. A criminal appeal occurs when a defendant is unsatisfied with the results of their trial after their case has been tried. The results that they are dissatisfied with can include the conviction, the sentence, or the results of their pretrial. If you or someone you know is dissatisfied with an outcome of their trial, then it is pertinent that they consult with a criminal appeal and habeas attorney well versed in criminal appeal and appellate motions as soon as possible to avoid any statutes of limitations from preventing a criminal appeal.
A criminal appeal and habeas attorney is well versed in the issue of ineffective assistance of counsel. The Supreme Court has held that every individual has the right to not only counsel but to an effective counsel.
A good criminal appeal and habeas attorney knows how to spot issues involving juror misconduct. Juror misconduct is the basis for a criminal appeal and occurs when a member or members of the jury violate the law of the court. This misconduct can occur when the court is in session or after it has reached a verdict. Examples of juror misconduct include: if a juror speaks to someone outside of the jury about the facts of the case, if they speak to a fellow juror about the case when the rest of the jury is not present, if they refuse to deliberate, if they conduct their own investigation of the facts, and if they willfully hide their personal beliefs and/or experiences that could influence the rest of the jury.
If a jury was flawed in some way or if the jury or trial was manipulated or corrupted in any way, then the method for remedying that mistake is a motion for new trial. If, after the trial, the defendant discovery jury misconduct, prosecutorial misconduct, that a trial record has been lost or destroyed, an error of law by the court, new evidence that would assist in their defense, or that there was insufficient evidence then they may want to file a motion for a new trial.
If you are convicted of a deportable crime and are not a U.S. Citizen, then you can be deported or face other consequences to your immigration status. It might be possible to petition a court to modify or vacate the conviction, allowing you to stay in the country. Some forms of post-conviction relief are a motion to overturn the conviction because of ineffective assistance of counsel, a motion for resentencing to avoid a conviction for an aggravate felony, reducing a conviction from a felony to a misdemeanor, a motion to withdraw a plea of guilty or no contest because you weren’t warned of the possible deportation or immigration issues, a motion to withdraw the plea for other reasons, and a habeas corpus petition.
Writs of Habeas Corpus filed by a Criminal Appeal and Habeas Attorney
A writ of habeas corpus is a judicial mandate that requires a prison official to being the inmate to court so it can be determined whether the inmate is lawfully imprisoned and whether or not they should be released from custody. The petition must show the court that ordered he imprisonment made some sort of legal or factual error.
If you or a loved one is considering filing a criminal appeal or need a habeas attorney, you need an aggressive criminal appeal attorney on your side. With offices in Costa Mesa, we serve people throughout Southern California, including in Huntington Beach, Irvine, Santa Ana, Costa Mesa, and Los Angeles. Call (855) 505-5588 or contact us online for a free initial consultation.