Post-Conviction Strategies
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Breana Frankel, Esq.

Habeas Petitions & Criminal Appeals

 

The right combination of experience, dedication, and diligence

Breana Frankel is a solo practitioner with extensive experience in federal habeas corpus petitions and criminal appeals, including seven years as a law clerk and staff attorney at the United States District Court for the Central District of California.

Her practice includes federal habeas corpus petitions and California state criminal conviction appeals, and each aspect of those actions, from intake interview to courtroom appearance, gets personal attention from a well-qualified, experienced attorney. 

Contact

➤ LOCATION

28202 Cabot Rd. Suite 300
Laguna Niguel, CA 92677

☎ CONTACT

breana@bfrankellaw.com
Telephone: (949) 340-7450 Fax: (949) 301-9570


 
 

 
 

Time is of the essence. 

Statutes of Limitations

Habeas Corpus Petitions

FEDERAL HABEAS PETITIONS: Available to federal prisoners and state prisoners nationwide. Habeas corpus generally must be filed within ONE YEAR from the date judgment is final.

In California, for example, a federal petition for writ of habeas corpus generally must be filed within ONE YEAR AND 90 DAYS from the date the California Supreme Court denies review or relief, or, if no such relief is  sought, within ONE YEAR from the expiration of time for seeking appellate review.*

CALIFORNIA HABEAS PETITIONS:  Available only to California state prisoners. Time limits depend on a number of factors. Please use the form below to inquire about time limits for your particular matter. 

California State Appeals

CALIFORNIA STATE PRISONERS: A felony Notice of Appeal must be filed within 60 DAYS of the judgment or order that is the subject of the appeal. Once the Court of Appeal announces its decision, a prisoner can apply to the California Supreme Court for review within 10 DAYS after the Court of Appeal files its opinion.

*Certain exceptions apply. 

 
 

The ‘writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action’ and must be ‘administered with the initiative and flexibility essential to ensure that miscarriages of justice within its reach are surfaced and corrected.’
— Harris v. Nelson, 394 U.S. 286, 290-91 (1969)
 
 

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Self-help information

for Pro Se Defendants


 
 

Contact

Use the form below to get in touch regarding your legal inquiry. You may also email or call to schedule a free phone consultation of 30 minutes or less. Please note that the office does not accept collect telephone calls from prisons. If you are a prisoner, please have a friend or family member call or email the office on your behalf, or you may write to the office directly.

Name *
Name
Please include information on the nature of services you seek - habeas petition or appeal from a conviction - as well as a summary of post-conviction proceedings, if any. If you are seeking services on a prisoner's behalf, please state your relationship to him or her. Please do not include confidential or sensitive information in your message.