Legal Question in Appeals and Writs in California

Re: Unfair Trial

It is difficult to reply to your question because it is not clear what kind of help you are seeking. When a person is convicted he is entitled to one appeal. Once he has exhausted his appellate right he must seek relief through a petition for a writ of habeas corpus. The writ of habeas corpus can be sought in both state and federal courts. As with the appeal a person is entitled to only one writ of habeas corpus and the writ of habeas corpus must raise issues that are different from those raised on appeal. If your son has exhausted both his appellate and writ of habeas corpus rights he is strictly limited in the areas he can pursue. You need to discuss these issues with an attorney, who is experienced in criminal appeals. Although through the criminal appeal process your son is entitled to the assistance of an attorney, he is not entitled to the assistance of counsel in the writ of habeas corpus process. In other words either he must file a petition for writ of habeas corpus that raises a significant issue and then seek appointment from the court of the assistance of counsel, or he must retain the assistance of counsel to review his situation and find a basis for habeas corpus relief. Unfortunately, state and federal habeas corpus review is an expensive process. Most attorneys are going to require a substantial retainer to become involved in the process. It is lengthy and time consuming. If your son is unable to retain counsel then he must seek assistance from various programs that provide counsel for those who are innocent or wrongfully convicted. You can seek these organizations on the internet. Sometimes the Prison Union is able to provide assistance. Some law schools will provide assistance. The Innocence Project will entertain cases from prisoners who can convince them that he is innocent. Good luck.