Jo-Anna Nieves
Founding Attorney
Sacramento Post-Conviction Relief Attorney
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If you or a loved one have been convicted of a crime in Sacramento, but you believe there are grounds for post-conviction relief, contact our Sacramento post-conviction relief attorneys today.
The post-conviction process can be complex, with strict deadlines. You need an attorney on your side who understands how to navigate the system.
Our team has years of experience handling successful post-conviction petitions in Sacramento County and surrounding areas.
We will thoroughly review your case, pinpoint legal errors or violations of your rights, and build the strongest possible case to overturn your conviction or reduce your sentence.
Contact us now for a case review.
The criminal justice system is complex, with many stages where critical errors can happen. Local police, forensics analysts, prosecutors, judges, and even your own defense lawyer may have made mistakes that affected the outcome of your case.
As your post-conviction relief lawyers, we will identify violations that resulted in prejudicial error and make the original plea legally invalid or seek relief that will mitigate the impact of the original conviction.
Post-conviction relief gives the court system a chance to correct injustices. Our lawyers will aggressively pursue relief that results in the vacatur of a conviction, the clean up of an arrest, or the mitigation of your sentence.
When your freedom, rights, and future are at stake, you need a lawyer who will fearlessly stand up for you. Our track record of wins comes from thorough preparation, aggressive motion practice, relentless investigation, and substantive hearing skills honed over time.
We have spent years establishing trusting relationships with prosecutors, judges, and court staff in Sacramento. We know how to navigate the local courts and procedures to protect our client’s rights. Here’s how we help you:
One of the most sought-after post-conviction relief methods is expungement. This legal process allows individuals with certain convictions to clean up their criminal record by converting a past conviction to a dismissal. Expungements do not erase the record of events from your RAP Sheet, but it does change the status of the conviction to dismissed and is treated as if it did not happen once granted. Expungement can be a game-changer, as it can open up new opportunities for employment, housing, and more.
If you believe that your conviction was unjust or obtained unfairly, filing a Motion to Vacate a Criminal Conviction could be the path to justice. This legal maneuver challenges the validity of your conviction and aims to have it overturned. It’s a powerful tool for those who may have been prejudiced at the time of their conviction. There is special relief under the Penal Code for those who are non-citizens and those who were convicted of nonviolent crimes while victims of human trafficking or other forms of abuse.
Certificates of Rehabilitation are powerful orders that demonstrate an individual’s commitment to rehabilitation and law-abiding life. While they don’t erase your criminal record, they serve as a testament to your personal growth and rehabilitation efforts, which can be persuasive in various realms such as seeking employment or housing. Certificates of Rehabilitation serve as an automatic application for a pardon.
Petitions to Seal an Arrest offer another avenue for individuals looking to put their past behind them. When granted, these petitions effectively hide your arrest from public view. This can be invaluable when you’re pursuing new opportunities and want to leave your past indiscretions behind. This relief is available in situations where an arrest did not result in a conviction. Once granted, the arrest is deemed to never have occurred.
For those currently on probation, early termination can be a welcome relief. It’s a legal process that allows individuals to request the conclusion of their probation period ahead of schedule. Successfully obtaining early termination can grant you greater freedom and flexibility in your life.
Don’t let an old conviction continue to ruin your life. The sooner you act, the sooner you can expunge your record. Contact us now to see if you qualify for record clearing in Sacramento.
In 2022, The National Registry of Exonerations reported a substantial increase in the number of cases, adding over 300 exonerations to its records. The types of crimes included 81 cases of homicide, 16 cases of sexual assault, 20 violent crimes, and 116 cases of non-violent offenses.
The following contributing factors shed light on why these injustices occurred:
These statistics serve as a stark reminder of the need for continued efforts to prevent and rectify wrongful convictions, ensuring that justice is served and innocent individuals are not unjustly punished.
Being one of the largest criminal defense firms in the area, we offer consultations for post-conviction relief beyond Sacramento and include it as a state-wide practice. Contact us today to start building your case.
When seeking post-conviction relief, the best thing you can do is ask for help. Along with the help from an experienced criminal defense attorney, you can rely on these local resources.
The law school at UC Davis may have clinics, legal resources, and a law library that can assist you with post-conviction relief efforts.
The Sacramento County Probation Department is the authority responsible for supervising individuals on probation within the county. They can provide information on the criteria and process for requesting early termination of probation.
Sacramento County Probation Department
711 E Street
Sacramento, CA 95814
The Center for Restorative Justice Works (CRJW) is dedicated to fostering a grassroots response to those affected by the criminal justice system. CRJW focuses on advocating, educating, and demonstrating the need to mend the relationships between children and parents, families and loved ones, and the community both inside and outside of prison.
Center for Restorative Justice
8001 Folsom Blvd., Suite 100
Sacramento, CA 95826
At the Nieves Law Firm, we offer strategic defense against a spectrum of criminal charges. Our commitment to safeguarding your rights and future extends beyond post-conviction relief cases.
We’re here to provide guidance and representation in a variety of legal matters, including:
With our legal team by your side, you can trust that we’ll tirelessly work to build the strongest defense possible, no matter the nature of the charges. We are your one-stop resource for legal support in Sacramento.
When your freedom is on the line, you need an attorney who will fight tooth and nail to protect your rights. Our team has a proven track record of successful post-conviction petitions.
We have secured dismissals, sealing of records, sentence reductions, resentencing, and motions to vacate for clients who were wrongfully convicted or received unfair sentences. View our case results to see how we have helped overturn legally invalid convictions in Sacramento and surrounding areas.
As your post-conviction relief lawyers, we promise you:
Contact us today for a consultation about your post-conviction relief options in Sacramento County.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
Post-conviction relief refers to the legal process by which individuals who have been convicted of a crime seek to have their convictions overturned or sentences reduced. It typically involves challenging aspects of the original conviction.
Eligibility varies by jurisdiction, timeliness, and the specific circumstances of the case. Generally, individuals who believe they have been wrongfully convicted, have new evidence or can demonstrate errors in their original case may be eligible for post-conviction relief.
Common grounds include an arrest that did not result in a conviction, early termination of a supervisory period, a conviction where all terms of the sentence have been completed, a conviction that caused prejudicial error, a conviction that occurred while the defendant was under distinct abuses, and so on. Each case is unique, and eligibility depends on the specific circumstances.
Initiating post-conviction relief typically involves filing a legal motion or petition with the court that convicted you. It’s advisable to consult with an attorney experienced in post-conviction matters to guide you through the process.
The timeline for post-conviction relief can vary widely. Some cases may be resolved relatively quickly, while others can take several months or years, depending on the complexity of the issues involved and the legal procedures.
