Criminal Appeals and Writs
Attorney for Habeas Petition
State Court · Federal Court
California Criminal Appeals Lawyer
Were Your Constitutional Rights Violated?
Habeas Petition (Writ of Habeas Corpus) is a civil action against the State. 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. It is used to bring an institutionalized person (prisoner or mental patient) before the court to judge whether or not the detainee’s imprisonment is lawful.
What it Means to Be in Custody: Habeas Petition
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 (a.k.a. Habeas Petition) 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 with a Habeas Petition
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
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.
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.
To schedule a free consultation, contact Ms. Klein before it’s too late to file a petition.