Bellizia Law Office
Fax: 973-743-2290 email@example.com
Asbury Park Office Address
501 Grand Avenue
Asbury Park, NJ 07712
Bloomfield Office Address
395 Franklin St
Bloomfield, NJ 07003
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 is 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):
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.