Did you know that in Washington state if a person is incarcerated for a civil or criminal conviction, he or she can petition the court to be released under certain conditions? Known as a personal restraint petition, this order allows an inmate to be released from prison after all other motions for relief have been denied. Arguing a personal restraint petition can be a complex process, which is why you should only trust the most qualified appellate attorney to make your case to the appeals court. The Appellate Law Firm has years of experience and is here to help. Call or contact the office today for a free consultation of your case.
What is a Personal Restraint Petition?
A personal restraint petition is a motion filed in the Washington appellate court system after a person has been convicted of a civil or criminal act that results in incarceration. The petition asks that another court in the state system review the trial record for violations of your state or federal constitutional rights that led to your unlawful restraint in prison. As part of a personal restraint petition, you can ask that the court release you on your own recognizance or with an electronic monitoring bracelet while the case is ongoing. If granted, you can stay out of jail while the appeal is being processed through the Washington court system.
What is Needed for a Personal Restraint Petition?
There are several critical pieces of information that go into a personal restraint petition. It must contain all of the relevant information regarding your current status, such as where you are incarcerated, the court action that led to your incarceration, and all other appeals leading up to this motion. You must make a valid argument as to why your incarceration is unlawful and provide evidence in the trial court transcript to support your argument for release. There are many reasons why your restraint may be unlawful, such as ineffective assistance of counsel, withholding of evidence, improper jury selection, illegal search and seizure tactics, or substantial errors in law or fact made by the presiding judge.
In addition to all of the other components of a personal restraint petition, you must also file this motion within 20 days of the date of the final decision rendered by the appellate court regarding your conviction. This is known as the statute of limitations. If you fail to file within the statute of limitations, the court can throw out your petition and deny your relief entirely.
Talk to Our Office Now
If you or a loved one is in need of help filing a personal restraint petition or other appellate relief, The Appellate Law Firm is here to provide you with expert representation in your case. Call the office or contact us today to schedule a free consultation to discuss your appellate needs in Washington and California now.