CONTACT US

Please fill out the form below and we will be in touch with you shortly






Bellizia Law Office
395 Franklin Street
Bloomfield, NJ 07003
Tel: 973-743-2220
Fax: 973-743-2290
info@prosperlawoffice.com

DEDICATED TO PROTECT, SUPPORT, & PRESERVE THE LAW

Writs and Appeals

What is a Writ?


A "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court. Defendants facing situations where they may be entitled to take a writ should consult counsel.

 

What is an Appeal?


An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court. Because post-trial motions requesting trial courts to change their own judgments or order new jury trials are so seldom successful, the defendant who hopes to overturn a guilty verdict must usually appeal. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction.

 

What's the Difference Between a Writ and an Appeal?


Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal. As a general rule, this applies to issues that are not apparent in the record of the case itself (such as when an attorney fails to investigate a possible defense).

 

Any one of the following reasons may prohibit an appeal (and justify a writ):

 

  • The defense did not lodge a timely objection at the time of the alleged injustice.

 

  • A final judgment has not yet been entered in the trial court, but the party seeking the writ needs relief at once to prevent an injustice or unnecessary expense.
    The matter is urgent. (Writs are heard more quickly than appeals, so defendants who feel wronged by actions of the trial judge may need to take a writ to obtain an early review by a higher court).

 

  • The defendant has already lodged an unsuccessful appeal (defendants may file multiple writs but the right to appeal is limited to one). But filing a writ that simply mimics an unsuccessful appeal is a frivolous writ and will be dismissed immediately (unless you're asking a Federal court to overrule a State court decision).

 

  • Convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. However, time is of the essence when notifying a court that a defendant may take a writ or appeal.

 

  • In appeals situations in either State or Federal Courts, defendants and/or their attorneys need to file a notice of appeal immediately after either conviction. This is a brief document which alerts the trial court that the defendant will be appealing, and which alerts the court clerk to start preparing the transcripts for review by the lawyers and higher courts. If defendants do not file a notice of appeal or if they file the notice late, they may not be able to file an appeal at all.

 

  • In writ cases, the same principle applies. Immediately after a defendant thinks he or she has been wronged, and assuming that there are facts outside the record which need to be shown to the higher court, he or she needs to file the writ. There is no notice of appeal which needs to be filed in a writ situation, but time is still of the essence.

 

Prosper Bellizia possesses exceptional  research and writing skills to aid in the reversal or dismissal of serious crimes. If you are interested in reversing a criminal charge against yourself or a loved one, contact us now for a free consultation.