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When to consider fighting a conviction through a writ

On Behalf of | Jan 22, 2018 | Firm News, Wrongful Conviction

Wrongful convictions are one of the most heartbreaking aspects of the American justice system. Those who lose years of their lives or the lives of their loved ones to a wrongful conviction understand just how important it is to have avenues to fight these injustices, especially when justice fails repeatedly.

Those who face wrongful conviction through appeals and fail to see justice served are not always entirely out of options, legally speaking. In some cases, where it is possible to prove proper grounds, you may petition a higher court for a writ to reverse a lower court’s decision.

If you believe that you deserve another chance at justice, and simply need a clear opportunity to demonstrate innocence, then you may consider the options available through a writ. Pursuing this kind of legal action requires confident, educated action within very precise time constraints. It is wise to consider legal counsel from an experienced defense attorney who understands the nuances of fighting to overturn wrongful convictions so that you do not miss out on important benefits or defense strategies.

What justifies a writ?

Writs are specific directions from a higher court that overturn a lower court’s decision. A writ is generally only sought if a defendant has no other options for appeal. While writs are not exactly white whales in their rarity, most defense strategies will consider using an appeal before considering a writ. However, in many cases, appealing a conviction based on the record of the trial is not sufficient because the grounds for contesting the conviction are not held within the record.

Writs are also useful to consider when a defendant needs immediate relief from an unfair conviction, such as a defendant with a serious medical issue that requires specific treatment.

If a defendant can identify some aspect of the legal proceedings leading up to the conviction that invalidate those proceedings, then a writ may be an excellent course of action to seek justice. However, if an appeal is possible, a higher court is less likely to issue a writ and may instead prefer for all parties to resolve the issue through the appeals system.

You deserve a strong, educated defense

The law is a complex system of interactive parts, and often injustice occurs simply because a defendant does not fully understand his or her rights or how to protect them. With professional guidance from an experienced attorney, you can explore your legal options and build strong protections for your rights and the rights of those you love.