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What Is a Writ & What Does It Mean for My Case?

What Is a Writ & What Does It Mean for My Case?

A writ is defined as a formal written order issued by a higher court which requests a lower court or a government entity to take action. Warrants, orders, directions, and subpoenas are all considered writs. When it comes to criminal cases, a defendant may file one or more writs in one trial.

The following are the most common types of writs which can apply to your case:

  1. Writs of certiorari – Orders a lower court to deliver its record in a case so that the higher court may review it. The word “certiorari” is Latin, meaning “to be more fully informed.”
  2. Writs of habeas corpus – Challenges a prisoner’s detention. So, if a person has been illegally detained, the individual, a friend, or a relative can file a writ of Habeas Corpus. The term “habeas corpus” is Latin, meaning “let us have the body.”
  3. Writs of prohibition – Also known as a “stay order,” this type of writ stops a lower court or a body from acting beyond its powers.
  4. Writs of coram nobis – Allows a court to correct its judgment at the original trail due to fundamental mistake which wasn't apparent in the court records. The term “coram nobis” is Latin, meaning “before us.”

A writ can only be filed if your fundamental rights are being violated. If you are interested in filing writ, speak with an experienced criminal defense attorney immediately.

If you have been arrested for a crime in Southern California, contact Tedford & Associates and request a free consultation with our Pasadena criminal defense lawyer today.

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