How do I file a writ on an old criminal case? 5 Answers as of August 04, 2011

I need to file a writ on a old criminal case.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Need more information. How old is the case? What was the disposition? Was it a misdemeanor or a felony? Why do you think you need a writ? The only way I can see to file a writ on a closed case is if there is some restraint on your freedom. That would be a habeus writ. You don't need to be in jail-any restraint, such as probation or parole or even having to file as a sex or drug offender will suffice for "restraint."
Answer Applies to: California
Replied: 7/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Old? There are statute of limitations on any such actions. Assuming you are timely, you will research the law and case precedents applicable to your issues, draft the Writ pleadings with your legal arguments and points and authorities in support of what you are asking the court to do, file in the appropriate court, serve the prosecutor, and go to the hearing to argue and respond to the prosecutor and courts questions or tentative ruling. You can hire an attorney, unless you know how to effectively represent yourself in doing these things, If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/22/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You can't. Your right to writ/appeal expired a long time ago.
Answer Applies to: California
Replied: 7/21/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
There are specific limitations as to when you can file a "writ" on an old criminal case. There are also different kinds of writs. You must first speak in detail to an experienced criminal defense lawyer so they can tell you whether you have legal grounds for filing a writ on an old criminal case.
Answer Applies to: California
Replied: 7/21/2011
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