February 17, 2020 By Paul Wallin

What Does a Writ of Habeas Corpus Do?

In California, a writ of habeas corpus is a legal order that requires an individual who is currently in custody to be writ of habeas corpusbrought before a judge or court (PC 1473). The purpose of doing so is to determine whether a citizen of the state has been unlawfully detained, and can be used by California inmates to ask for a review of their case even if an appeal for their conviction has been rejected. 

If you have ever been confined by the state of California of any criminal charges, a petition for habeas corpus can be used to challenge your conditions of confinement. This means that you are asking a higher court to re-examine your case due to certain defects or violations of your constitutional rights that may have impacted the outcome of your trial. 

Even if you have been convicted and your appeal has failed, petitioning for a writ of habeas corpus can help you maintain your innocence and can significantly impact the terms of your sentence. This may include a reduced prison term, fewer parole restrictions, or even a dismissal of your sentence in some cases. At Wallin & Klarich, our attorneys can help you every step of the way in this complicated process and will closely examine all factors in your case to determine if you qualify for a petition. 

When Can a Writ of Habeas Corpus be Petitioned?

The major catch in order to qualify for a writ of habeas corpus in California is that you must first have exhausted all other possible forms of appeal offered by the court. This means that you cannot petition for habeas corpus immediately after your conviction, as there are typically multiple available methods of challenging your sentence first. In addition, qualifications for habeas corpus are restricted to a number of specific situations. 

For example a writ of habeas corpus may be a viable option  If you believe that your lawyer was incompetent. A lawyer can be found to be incompetent if he provided incorrect legal advise or failed to properly interview witnesses that would have been potentially helpful to your case.

Another possible ground for raising a writ of habeas corpus could be that the law has changed since the date of your conviction.

Because qualifications such as these can be very specific, not all convictions are eligible for a habeas corpus petition. Thus, it is very important to contact a skilled attorney from Wallin & Klarich today in order to determine if your situation applies. Because a successful petition could dramatically reduce the terms of your sentence, hiring the services of Wallin & Klarich will maximize your chances of obtaining an approved writ of habeas corpus.

Other factors that are considered for petitions in habeas corpus include prosecutor misconduct, incompetency during trial, and newly discovered evidence. For more information regarding the requirements in order to file a petition for habeas corpus, be sure to read: 




Contact Wallin & Klarich Today for Post-Conviction Matters

If you feel that you have been unlawfully incarcerated, or believe that you have exhausted all available options to appeal your conviction, contact the attorneys at Wallin & Klarich today to determine if you qualify for a writ of habeas corpus.  

At Wallin & Klarich, our experienced criminal defense attorneys have represented clients in post-conviction relief matters for over 40 years. We have successfully achieved petitions for habeas corpus for clients in Southern California. A rejected appeal may not be the end for your case, and you should never have to face an unfair conviction or jail sentence due to improper conduct in your case. 

With offices located in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Torrance, and Victorville, we are available to help you no matter where you are. Call us today at 714-730-5300 to speak with a skilled attorney near you.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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