Writs / Article 78s
At Paul D Petrus Jr. & Associates, PC we are willing to continue the fight after the criminal or parole case appears to be lost. Writs breakdown into different situations. The first is based on if there was a problematic preliminary hearing in a parole violation and the second is whether or not a person received a fair bail hearing. In both of those situations, the client may have a right to have the criminal court’s decision modified or the parole preliminary hearing officer’s decision reversed. Mr. Petrus is experienced in both of these matters and believes that all parolees should receive a fair preliminary hearing during his/her parole violation proceedings. Mr. Petrus also believes that one’s bail should be set at an amount that is no greater than necessary to ensure the defendant’s return to court. In addition, if a person’s facts change it might be a good idea to argue again for a lower bail or take a writ.
Article 78s are motions that an attorney makes to force a government agency in the state of New York to either stop doing something or to do something. This goes far back in American legal history to the year 1803 when a very famous case named Marbury v. Madison was decided. Every law student knows of this case. The holding of the case was to determine once and for all that the court could tell the government in some instances what to do here. Orders to Show Cause are most often used in criminal law as a “vehicle” to speed up an Article 78 when there is good cause to do so. In criminal defense work, we use Article 78 motions most often when trying to correct a governmental mistake. These are often used when a person loses a parole appeal or has unfair parole conditions placed on him by the New York Department of Corrections and Community Supervision. However, it can be used for other criminal matters as well.
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