Criminal Defense Lawyers

Writ of Coram Nobis – What is it and how do I Bring One?

Writ of Coram Nobis – What is it and How Do I Bring One?

If you’ve been convicted of a crime and exhausted your normal appeals, you may feel like you’ve run out of options. But in some cases, there’s still hope through an extraordinary remedy called a writ of coram nobis. At Spodek Law Group, we have extensive experience helping clients navigate the complex process of filing for coram nobis relief. In this article, we’ll break down what a writ of coram nobis is, when it can be used, and how to go about bringing one.

What Exactly is a Writ of Coram Nobis?

A writ of coram nobis (Latin for “before us”) is a legal motion that asks a court to correct its original judgment due to a fundamental error or injustice. It’s considered an extraordinary remedy of last resort when no other options are available.Essentially, a coram nobis petition allows you to bring new facts to the court’s attention that weren’t known at the time of trial – facts that could have changed the outcome if they had been available. It gives you one final chance to right a wrong in your case, even years after your conviction.Some key things to understand about writs of coram nobis:

• They’re used to address errors of fact, not errors of law
• They can only be filed after you’re no longer in custody
• There’s no time limit on when you can file
• They’re extremely rare and difficult to win
• The burden of proof is on you to show the error warrants relief

So in a nutshell, coram nobis is a way to say “Hey court, there’s some crucial information you didn’t have when you convicted me. If you’d known this, you likely wouldn’t have found me guilty.” It’s your last shot at justice when all other doors have closed.

When Can a Writ of Coram Nobis Be Used?

Coram nobis is an extremely narrow remedy that’s only available in very limited circumstances. Courts are hesitant to reopen old cases, so the bar for granting coram nobis relief is quite high.Some situations where a writ of coram nobis may be appropriate:

• New evidence is discovered that proves your innocence
• You were coerced into pleading guilty
• The prosecution withheld exculpatory evidence
• Your conviction was obtained through fraud on the court
• You received ineffective assistance of counsel
• Your guilty plea was involuntary due to mental incompetence

The key is that the error must be so fundamental that it rendered the proceeding itself irregular and invalid. Minor trial errors or newly discovered evidence that’s merely cumulative won’t cut it.It’s also important to note that coram nobis can’t be used as a substitute for a direct appeal or habeas corpus petition. You must have exhausted all other available remedies first.

How Do I Bring a Writ of Coram Nobis?

If you believe you have grounds for coram nobis relief, the process for filing a petition is complex. We strongly recommend working with an experienced attorney like those at Spodek Law Group. But here’s a general overview of the steps involved:

1. Gather supporting evidence: Collect any new facts, documents, or witness statements that support your claim.
2. Draft the petition: Prepare a detailed legal brief outlining the facts, legal arguments, and relief requested.
3. File in the original court: Submit the petition to the same court that entered the original judgment.
4. Serve the government: Provide a copy of the petition to the prosecuting agency.
5. Attend hearing: If granted, present oral arguments before a judge.
6. Await decision: The judge will either grant or deny the petition.

The petition itself must clearly demonstrate:

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• The new facts you’re presenting
• Why those facts weren’t available at trial
• How the new information would have changed the outcome
• That you exercised due diligence in discovering the new evidence
• That you have valid reasons for not raising the issue earlier

It’s a highly technical legal document that requires skilled drafting. Even a small mistake can doom your petition. That’s why having an experienced coram nobis attorney in your corner is so crucial.

What Are My Chances of Success?

We’ll be honest – writs of coram nobis are rarely granted. The vast majority are denied. Courts are extremely reluctant to overturn final judgments, especially years after the fact.But that doesn’t mean it’s impossible. With a strong case and skilled legal representation, coram nobis petitions can and do succeed. Some factors that may improve your odds:

• Clear, indisputable proof of actual innocence
• Egregious constitutional violations
• Fraud or misconduct by government officials
• Mental incompetence that wasn’t previously recognized

The key is having truly extraordinary circumstances and compelling new evidence. You need to essentially prove that an injustice occurred that shocks the conscience.At Spodek Law Group, we carefully evaluate potential coram nobis cases. If we believe you have a viable claim, we’ll fight tirelessly to see justice done. Our experienced attorneys know how to craft persuasive petitions that give you the best shot at success.

Why Choose Spodek Law Group for Your Coram Nobis Petition?

Filing a writ of coram nobis is an uphill battle. You need a law firm with the knowledge, resources, and determination to take on tough cases. Here’s why Spodek Law Group should be your choice:

• Decades of experience: We’ve been handling complex criminal appeals and post-conviction motions for over 50 years. We know the ins and outs of coram nobis law.
• Track record of success: We’ve won coram nobis relief for clients in cases other firms said were hopeless. We know how to craft compelling petitions.
• Aggressive advocacy: We fight relentlessly for our clients. We’re not afraid to take on prosecutors and push back against injustice.
• Personalized attention: You’re not just a case number to us. We take the time to understand your unique situation and tailor our approach accordingly.
• Nationwide reach: With a network of attorneys across the country, we can handle coram nobis petitions in any jurisdiction.

Don’t trust your last chance at justice to just any lawyer. Choose a firm with a proven track record of results in this complex area of law. Choose Spodek Law Group.

The Coram Nobis Process: What to Expect

If you decide to pursue a writ of coram nobis with our firm, here’s an overview of what the process typically looks like:

1. Initial consultation: We’ll review your case in depth and determine if coram nobis is a viable option.
2. Investigation: Our team will dig deep to uncover any new evidence or facts to support your petition.
3. Drafting: We’ll craft a comprehensive, persuasive petition outlining your grounds for relief.
4. Filing: We’ll submit the petition to the appropriate court and serve it on the government.
5. Government response: The prosecution will likely file an opposition brief. We’ll review and prepare a rebuttal.
6. Hearing: If granted, we’ll present oral arguments before a judge on your behalf.
7. Decision: The court will issue a ruling either granting or denying your petition.
8. Appeal: If denied, we can discuss options for appealing to a higher court.

Throughout the process, we’ll keep you informed every step of the way. We know how much is at stake, and we’ll fight tirelessly for the justice you deserve.

Coram Nobis vs. Other Post-Conviction Remedies

It’s important to understand how coram nobis differs from other types of post-conviction relief. Here’s a quick comparison:

As you can see, coram nobis is truly a last resort when all other options have been exhausted. But in the right circumstances, it can be a powerful tool for righting a wrong.

Common Mistakes to Avoid in Coram Nobis Petitions

When filing for coram nobis relief, even small errors can be fatal to your case. Here are some common pitfalls to watch out for:

• Filing too early: Make sure you’ve exhausted all other remedies first.
• Raising issues already litigated: Coram nobis can’t be used to relitigate old claims.
• Failing to show due diligence: You must explain why the new evidence wasn’t discovered earlier.
• Not demonstrating prejudice: You need to prove the error actually affected the outcome.
• Missing filing deadlines: While there’s no statute of limitations, unreasonable delay can hurt your case.

This is why having experienced counsel is so crucial. At Spodek Law Group, we know how to navigate these potential landmines and give your petition the best chance of success.

Real-World Examples of Successful Coram Nobis Petitions

To illustrate how coram nobis relief can work in practice, let’s look at a few real cases where petitions were granted:

• United States v. Morgan (1954): The Supreme Court granted coram nobis to vacate a conviction where the defendant was denied his right to counsel.
• United States v. Keogh (1968): A conviction was overturned due to prosecutorial misconduct in withholding exculpatory evidence.
• United States v. Mandel (2016): A former governor’s convictions were vacated due to an intervening change in the law.

While these cases are the exception rather than the rule, they show that coram nobis relief is possible with the right circumstances and skilled advocacy.

Frequently Asked Questions About Writs of Coram Nobis

We often get questions from clients about the coram nobis process. Here are answers to some of the most common:Q: Is there a time limit for filing a coram nobis petition?A: No, there’s no statute of limitations. However, you must explain any delay in bringing your petition.Q: Can I file a coram nobis petition if I’m still in prison?A: No, coram nobis is only available after you’ve been released from custody. If you’re still incarcerated, habeas corpus would be the appropriate remedy.Q: Do I need new evidence to file for coram nobis?A: Generally yes. You need to present facts that weren’t known at the time of trial and couldn’t have been discovered with due diligence.Q: Can I get appointed counsel for a coram nobis petition?A: Unlike in criminal trials, there’s no right to appointed counsel for coram nobis. That’s why it’s crucial to hire an experienced private attorney.Q: What happens if my coram nobis petition is granted?A: If granted, your conviction will be vacated. The prosecution may then decide whether to retry you or dismiss the charges.

Take Action Now to Protect Your Rights

If you believe you may have grounds for a writ of coram nobis, don’t wait to take action. While there’s no time limit, courts look more favorably on petitions filed promptly. The longer you wait, the harder it becomes to prove your case.At Spodek Law Group, we’re here to help you navigate this complex process and fight for the justice you deserve. Our experienced attorneys will carefully evaluate your case and advise you on the best path forward.Don’t let a wrongful conviction continue to haunt you. Contact us today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free consultation. Let us put our knowledge and experience to work for you.Remember, a writ of coram nobis may be your last chance to clear your name. Don’t trust it to just any lawyer. Choose a firm with a proven track record of success in this challenging area of law. Choose Spodek Law Group.The road ahead won’t be easy, but with us by your side, you’ll have the best possible shot at justice. We’re ready to fight for you every step of the way. Call now to get started.