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:
- 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.”
- 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.”
- 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.
- 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.