Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
A writ of coram nobis is a court order in a criminal proceeding that allows a trial court to reconsider a verdict upon the discovery of new facts that were not available during trial. You typically bring one by filing a petition for writ of coram nobis with the court that convicted you and sentenced you for a crime. The writ is not available in all jurisdictions and your state’s criminal procedure laws will set forth the specific rules for filing a petition.
Note that these petitions are not the same as habeas corpus petitions.
A writ of habeas corpus is a court order requiring a hearing to establish whether there is a constitutional basis for a court’s decision to confine you following an arrest or conviction. If you prevail at the hearing, you will go free from jail or prison.
A petition for writ of coram nobis is a document that you file with a criminal court after receiving a criminal conviction. The petition asks the trial court to:
A petition for writ of coram nobis is sometimes referred to as a “petition for writ of error coram nobis.” “Coram nobis” is a Latin term meaning the “error before us.”
Coram nobis relief is granted to correct errors of fact/factual errors in a case and may include a new trial and the setting aside of a guilty verdict.
Note, though, that the granting of the petition for the writ of error coram nobis is considered an extraordinary remedy and is typically limited in cases where there are fundamental errors.
Some examples of when a court may grant this form of post-conviction relief include when the defendant:
Note again that these petitions are for when there is an error of fact or new evidence. They are not used for challenging errors of law that may have occurred at trial.
These petitions are only available in some states and in federal court.4
Further, state laws often differ when it comes to the requirements for filing a petition and when a court may grant one.
With that said, however, some generalizations can be made. For example, consider California law. The law says a defendant can file a petition when:
If the above are true, the law says a defendant should file a petition with the trial court that convicted the defendant or issued a final judgment (as opposed to an appellate court or a court of appeals).6
Most states also say that you can only file a petition when out of custody. That is, you cannot file a petition for writ of coram nobis if you are held in state prison or county jail.
The main difference is that you can only file a habeas corpus petition when in custody. But you can usually only file a petition for writ of coram nobis when out of custody.
A writ of habeas corpus is a court order requiring a hearing to establish whether there is a constitutional basis to keep you in custody after an arrest or conviction.
If granted, the court will hold a hearing to determine whether your confinement or sentence is legal. If you prevail at the hearing, you will go free.
You may typically file for habeas corpus if you believe:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.