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Petition for Writ of Habeas Corpus
State Court · Federal Court
California Habeas Corpus Lawyer
Were Your Constitutional Rights Violated?
As part of the original Constitution and the centerpiece for our liberty, Habeas Corpus is a writ that requires the state to justify why it chose to convict and/or put a defendant in custody.
What it Means to Be in Custody
If you or someone you know has been convicted of a California state or federal crime and is in custody (jail, prison, on probation, or parole), a Petition for Writ of Habeas Corpus is a civil proceeding used to challenge the judge's decision that lead to the criminal conviction.
A Writ of Habeas Corpus protects an individual from having his or her freedom lawlessly taken away. The Habeas Corpus Writ serves to examine California state court actions toward the defendant and ensure they are consistent with one's federal constitutional rights.
Ensuring Your Freedom
For more than 25 years, Abby Besser Klein, "an extremely skillful writ and appellate lawyer", has been representing clients for Writ of Habeas Corpus Petitions and California state or federal criminal appeals. Ms. Klein's steadfast determination coupled with her extensive legal background and masterful writing talents have convinced many judges to reverse or dismiss serious felony convictions.
Ms. Klein's notable background includes California State and Federal Habeas Corpus Writs that were successful in bringing justice to wrongful convictions stemming from any situation that denied the defendant his or her constitutional right.
Examples of Habeas Petition Issues
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Denial of effective assistance of counsel, such as:
- Trial attorney failed to conduct an adequate investigation;
- Trial attorney failed to obtain the assistance of a necessary expert;
- Trial attorney failed during court to object in a timely manner to inadmissible or prejudicial evidence;
- Other negligent actions by counsel which contributed to the defendant's conviction.
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Prosecution withheld Brady material (evidence that would have been favorable to your case);
- Other circumstances leading to the omission of evidence at your trial that would have been beneficial to your case.
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Appeal vs. The Great Writ
The Writ of Habeas Corpus (or "The Great Writ") is not a substitute for a direct appeal.
- An appeal is a request filed on your behalf to the state or federal appeals' court to review the proceedings of your trial to, among other things, determine whether you were denied a fair trial. Based solely on the trial court record, an appeal includes both the Reporter's transcripts (pre-trial and trial proceeding statements) and the Clerk's transcripts (all motions and documents filed with the courts).
- A Petition for Writ of Habeas Corpus is based upon evidence not presented at trial. In some cases both an appeal and Habeas Corpus Petition need to be filed, such as when errors occurred at trial and should be corrected and/or when errors that should have been on the record were omitted.
Whether we file an appeal, a Petition for Habeas Corpus, or both, the final objective is the same: We want to obtain your freedom. Every case is different. We will determine which procedural track to follow once we know the specific facts of your case.
Waiting Could Ruin Your Chances
When our appellate attorney, Abby Klein, prepares your writ or appeal, she first will listen carefully to your concerns. Then Ms. Klein will examine in detail the entire record of the case so she is able to raise every issue that should be presented to the appropriate reviewing court. Habeas Petitions must be filed in a timely manner or they will be "time barred," and the court will not review your petition for relief.
Contact Ms. Klein before it's too late for a free consultation.
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