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    Know and Protect Your Rights in a Criminal Defense Matter




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      Know and Protect Your Rights in a Criminal Defense Matter







          Alameda Post-Conviction Relief Lawyer

          If you were convicted of or pled guilty to a crime, you do not necessarily have to live with the consequences forever. Various legal procedures exist that could help you challenge your conviction, clear your record, reduce your sentence, or regain the rights you lost.

          Consult an Alameda post-conviction relief lawyer for advice about legal steps you could take to make your road ahead a little easier. In most cases there is only a short window after conviction to seek post-conviction relief, so do not delay speaking with an experienced criminal defense attorney. En Español

          Habeas Corpus Proceedings in Alameda

          A Writ of Habeas Corpus is a petition a person in jail or prison could bring after conviction if they have filed all of their appeals, and have no other options.  The Writ allows the convicted person to raise issues that have not already been considered during the trial and appeals process.

          Issues that a person might raise in a Writ for Habeas Corpus may include new evidence that was not available at the time of trial, poor representation by their defense attorney, also called ineffective assistance of counsel, changing laws, claims that the individual was not mentally competent to stand trial, and other potentially relevant issues relating to the crime and conviction. A capable Alameda post-conviction relief attorney could review trial and appellate records to determine if there are issues not previously raised that could support a request for a Writ of Habeas Corpus.

          When a court grants a Writ of Habeas Corpus, the court will direct the government to take an action to remedy the injustice. Those actions could include a change in the conditions of the individual’s confinement, a reduction of the charges, or even release from custody.

          How Does Post-Conviction Relief Work?

          An individual’s criminal record could follow them forever, even long after they have completed their sentence. Having a criminal record could interfere with the ability to find employment, get a professional license, pursue higher education, secure a bank loan, and even find housing. The law offers several legal strategies to clear a criminal record so an individual could move forward in their life without the stigma of a criminal conviction.

          Expungement

          California Penal Code §1203.4 allows someone convicted of certain crimes to withdraw their guilty plea or conviction and changes the record to reflect that the case was dismissed.  An expungement essentially seals the criminal record from public access.

          Expungement is not available to anyone whose sentence required them to serve time in state prison or certain sex offenders. In addition, an individual is not eligible for expungement if legal fines, court costs, or fees remain unpaid.

          Exclusion from Megan’s List

          “Megan’s List”  is the public registry of sex offenders in California. Some people convicted of certain sex crimes could petition a court to exclude them from the registry. Consult an experienced Alameda post-conviction relief lawyer to learn whether a motion to be excluded from Megan’s list is a viable legal post-conviction relief option for you.

          Certificate of Rehabilitation

          A defendant who has completed their sentence and has lived in California for at least five years could apply for a Certificate of Rehabilitation (COR) to clear their record. The Certificate is available to convicted felons who served time in state prison, as well as people convicted of misdemeanors whose convictions have been expunged. Applicants must demonstrate that they are rehabilitated and maintain a clean record for a time that varies depending on their crime. Obtaining the COR is the first step in applying for a Governor’s pardon.

          Governor’s Pardon

          People who have been convicted of a crime in California may apply for a gubernatorial (Governor’s) pardon. The Governor of California cannot grant a pardon for a conviction from another state or a federal proceeding.

          There are two ways to apply for a pardon in California: a Certificate of Rehabilitation and a Direct Pardon.

          Pardon Application by Certificate of Rehabilitation: One way to apply for a pardon is to first petition for and obtain a Certificate of Rehabilitation from the superior court in the county where the applicant lives. Once a court grants a petition for Certificate of Rehabilitation, the court is required to send the order to the Governor’s Office, where it becomes an automatic application for a pardon. The applicant does not need to take any further action unless contacted by the Governor’s Office or the Board of Parole Hearings.

          Pardon Application by Direct Request to the Governor: The second path to apply for a pardon is to submit an application directly to the Governor’s Office.

          In both cases, the applicant must notify the district attorney in the county of a conviction for which a pardon application has been submitted.

          Before the Governor can grant a pardon application to someone who has two or more felony convictions (in different cases), a majority of the California Supreme Court must first recommend a grant of clemency. The Governor’s Office will send the California Supreme Court the pardon application and all related documents for their review.

          Get in Touch with an Alameda Post-Conviction Relief Attorney Today

          Our criminal justice system is complex, and it can be easy for an individual to overlook a critical point. If you or a loved one is seeking to have a conviction reconsidered, a criminal record cleared, or a sentence adjusted, get help from a seasoned Post-conviction Relief attorney right away.  Remember, time is of the essence. Schedule a consultation today.

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