Federal Writs of Habeas Corpus Lawyer Los Angeles
What is Habeas Corpus? Habeas corpus is a legal proceeding through which you can challenge a final conviction. Habeas corpus can also used in other situations, such as to challenge the amount of bond. Sometimes it is also used in contempt cases to challenge a contempt order. However, the most common use is to attack final convictions. Generally, habeas corpus is limited to complaints involving the violation of constitutional rights, or the jurisdiction of a court to hear a case.
Habeas corpus cannot take the place of an appeal, and therefore most issues must be raised on direct appeal. There are also several reasons for doing so. The most important one is that the standard of review is more lenient on direct appeal, than on habeas corpus. Relief can be obtained on a direct appeal where there is an error that contributes to a conviction or sentence. In many cases, the burden is on the state to prove the error was harmless. In habeas corpus, the burden shifts to the defendant to establish harm. The standard is different, in that a defendant must show a substantial injury which requires more than establishing the error was harmless. Another reason is that more issues can be raised on direct appeal than on habeas. Claims involving statutory violations, evidentiary rulings and procedural rulings generally can be raised only on direct appeal.
Attorney Todd Melnik is one of the most sought after criminal defense lawyers when it comes to filing Petitions for Writ of Habeas Corpus and federal or state criminal appeals. Click here for a sample brief filed for a client to see the complexity and skill that is put into an appellate brief.
There are few lawyers who regularly handle writ cases in state and federal court. This area of law is extremely complex and requires someone who has knowledge of both the procedure and the applicable law, since many cases are dismissed on procedural grounds without ever addressing the merits. Mr. Melnik has knowledge for both.
Other lawyers are familiar with Mr. Melnik’s reputations and they recommend him to other clients.
Mr. Melnik is dedicated to his clients and their cases. He is a thorough and skillful writ and appellate attorney. Because of his exhaustive legal research and talented writing skills, he has the ability to accurately assess your specific case, determine which procedure to follow, and recommend a course of action that will bring the most beneficial results for his clients.