Legal Question in Criminal Law in California
Where would I get a blank copy of a writ so my friend in jail can file one? Or atleast get a copy of one so he will no how to fill it out. And he mentioned people vs. reed what is that? What exactly does it mean? And where can I get a copy of it for him Its very important to us both. And if I had money I would pay you what you want, but we are both very poor, so thank you very much for the information.
4 Answers from Attorneys
Writs are not just forms to check off boxes. There are several kinds of writs, but they are similar to appeals - legal research and a proper filing procedure must be followed. It's not just a form.
Nice try, no brass ring. Blank writ form? That is a sheet of white paper. A Writ is a individually drafted pleading containing all the factual and legal arguments in support of the described request for court action.
If the practice of law was simply filing out some check-blocks on a free idiot proof form, you wouldn't need or have highly paid lawyers that spent years in college and law school learning how to compete in the total combat of law practice. It isn't that simple minded. It can't be done without proper education, training, knowledge, experience, etc. You can't bumble your way through it successfully. The same reasoning applies to 'brain surgery self taught'. Would you seek a free form for that? I am always amazed at the "I don't need no stinkin' lawyer" attitude, pridefully thinking you can represent yourself against a experienced professional prosecutor intending to convict, or an experienced professional litigation attorney seeking a judgment. The courts are filled with pro pers who are the bane of existence for the judges and attorneys that have to deal with them, and then have to listen to their complaints about how 'unfair' the system is. Yup, it is. If favors the informed and the prepared.
With all that said, criminal defendants have the right to counsel, meaning the right to hire private counsel, or if they can't afford that, they can be apply for a Public Defender, paid at great expense by our tax dollars.
If an attorney, whether Public Defender or private, has already told you that you have no grounds for some legal action you want to take, believe them.
Actually a writ is filled out by the court. The document you fill out is called the petition for a writ. So you petition, and if the court agrees, they issue the writ. A writ is an order from the court to someone else commanding them to do something or refrain from doing something.
If you're friend is poor, he should be able to get an attorney appointed for him. Courts routinely appoint appellate counsel in criminal matters.
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