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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

Oakland Motion to Vacate Attorneys

Item: Oakland Criminal Lawyer
Rating: 5
Author: Anastasia G

Are the consequences of a prior criminal conviction holding you back from your true potential? Don’t let them. A successful motion to vacate will overturn a prior judgement, order, or sentence from the court, eliminating the negative repercussions of your conviction.

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Motions to Vacate a Criminal Conviction

A previous criminal conviction does not mean that your only option is to accept the punishment issued by the court. In certain situations, you may be eligible to petition for a motion to vacate your conviction. In short, this opportunity could arise if you have a legal basis to ask the court to throw out your conviction. This could be because the conviction was based on an uninformed guilty plea (such as pleading guilty without understanding the immigration consequences), because the conviction was rendered illegal by changes in the law or new evidence that came to light after your trial concluded, or because your conviction was a direct result of actions you took while the victim of human trafficking.

Our firm’s experience handling motion to vacate cases has resulted in multiple published opinions on the subject. Our highly accomplished attorneys could help protect your rights and develop a comprehensive legal plan of action. If retained, your attorney could help you understand your rights under California law and pursue a motion to vacate that could help not only your current situation, but also your future.

What is a Motion to Vacate Under Penal Code 1473.7?

In its simplest terms, a motion to vacate is a formal request made by an individual who was already convicted by a court. This motion provides a legal reason for why this court should revisit the conviction and propose a more equitable result.

California law provides certain reasons for why a defendant may file a motion to vacate. Specifically, California Penal Code §1473.7 states that a criminal defendant may file a motion to vacate a conviction when:

The conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. A finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel.
Newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice.
A conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of subdivision (a) of Section 745.

As a result, a motion to vacate an Oakland criminal conviction could have one of two positive results. A successful motion to vacate a guilty plea could allow a defendant to withdraw their previous plea and continue their case with a not guilty plea. While this case may still result in a conviction, any consequences for the previous guilty finding would be terminated and the new conviction may be immigration safe. It is also possible that once vacated the matter could be dismissed altogether.

When a motion to vacate a conviction stemming from the denial of immigration benefits is based on the discovery of new evidence, the guilty finding may be totally dismissed. This typically occurs when the law changes in a way that makes a previously illicit activity no longer illegal, or if a witness named during a trial recants their testimony. It is also possible that the case may be dismissed in its entirety if there is insufficient evidence to sustain a conviction after the passage of time.

Our Experience with Motions to Vacate

At The Nieves Law Firm, we have ample experience filing motions to vacate a criminal conviction on behalf of clients, and we’ve been successful in our pursuit of this very specific type of relief. We have helped clients get previous convictions removed from their criminal record because they were facing immigration consequences and for individuals who were convicted of a crime while they were a victim of human trafficking.

In fact, The Nieves Law Firm has had multiple published opinions by judges related to our legal work in this specific area of the law. For one client, a recent appeal proved a motion to vacate filed by The Nieves Law Firm on behalf of the client was applicable to their case and filed within the parameters of the law, meaning the motion to vacate was subsequently granted and the client was eligible to reenter the U.S.

For another client, a Writ of Error Coram Nobis filed by The Nieves Law Firm founder Jo-Anna Nieves was granted, resulting in a vacature of a client’s past conviction that was triggering deportation. Jo-Anna’s exemplary legal work not only resulted in a published legal opinion, but also made her client eligible to reenter the United States to continue their life with their family.

If you need help with a motion to vacate a prior conviction, trust a team that is leading the way in conviction relief in California. Trust The Nieves Law Firm. Give us a call today to schedule a free consultation and learn more about your options.

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Our Mission

At The Nieves Law Firm, we believe in compassion, forgiveness, and rehabilitation. That people are beautiful and change just like seasons. We believe in thoughtful communication and plans for a brighter future. We believe in restoring reputations and dreams. That we aren’t defined by our worst mistake and obstacles are meant to get over. We believe in taking the “criminal” out of criminal defense.

Motion To Vacate Client Testimonial

“Jo-Anna Nieves always puts her clients’ interests first. Jo-Anna is also an expert in post-conviction relief. This includes expungement, motions to vacate, plea withdrawal, and other forms of relief. With her years of experience and knowledge in this specialized area of criminal law, she helps clients clear their records and get a fresh start.”

- Kevin S. (Attorney)

“I recently sought legal services and guidance from the Nieves Law Firm and I have nothing but great things to say. As someone who didn’t know how to navigate legal matters, I felt guided extremely well. Highly recommend working with them if you want the best outcome. 100% would use their services again in the future!”

- Natalia C. Google

“My case was vacaturs for human trafficking survivors (236.14), and I mention that because my hope is that a woman in my position can read this review and know that Jo-Anna is an attorney that will serve their needs well and help them reclaim their lives. Everyone there helped me to get my life back and I feel like a massive weight has been lifted off my shoulders.”

- Jackie M. Google

Why Pursue a Motion to Vacate?

The consequences of a conviction are often severe, and they typically impact your life for a long time after your case comes to a close. However, a motion to vacate overturns a prior conviction and could eliminate the penalties you are facing. A motion to vacate a conviction can be valuable for a number of different reasons, including:

You are facing immigration consequences for a prior criminal conviction.
You were found guilty of a nonviolent crime that you committed while you were the victim of human trafficking. The crime must have been committed as a direct result of you being a victim of human trafficking.
You’ve been denied an immigration benefit because of a conviction and new evidence proves that you were innocent

The Nieves Law Firm Founder Jo-anna Nieves Explains MTV Eligibility

At The Nieves Law Firm, we have been successful in our pursuit of motions to vacate for clients who were facing immigration consequences and for clients who were found guilty of a crime they committed as a direct result of being a victim of human trafficking. We have a high level of experience and understanding when it comes to motions to vacate. If you would like to file a motion to vacate a conviction in California. We may be able to help. Contact an Oakland motion to vacate lawyer on our team today to schedule a free 30-minute consultation.

Real Cases. Real Results

Motion To Vacate (Imigration Purposes)

Motion To Vacate Granted

Client was facing immigration consequences for a prior drug conviction. The Nieves Law Firm filed a motion to vacate due to the client not understanding how the plea would impact their immigration status. The court agreed with the motion filed and granted the motion to vacate the prior conviction. After the conviction was vacated, the client was no longer facing deportation consequences.

3 Motions to Vacate (Human Trafficking Victim)

All Motions to Vacate Granted

Client hired The Nieves Law Firm for a petition to vacate 3 prior convictions in Alameda County under Penal Code 236.14, which allows individuals to vacate convictions that occurred while they were a victim of human trafficking. The judge agreed with the argument made by The Nieves Law Firm and the motion was granted, vacating the previous convictions from the client's criminal record.

Multiple Motions to Vacate (Human Trafficking Victim)

Both Motions to Vacates Granted

Client hired The Nieves Law Firm for assistance vacating two non-violent prior convictions in Santa Clara County and Contra Costa County. The Nieves Law Firm filed a petition to vacate both of the convictions under Penal Code PC 236.14. The judges granted both of the motions filed and the previous convictions were vacated from the client's criminal record.

Writ of Error Coram Nobis (Immigration Purposes)

Writ of Error Coram Nobis Granted

Client was facing immigration consequences for a prior drug-related conviction. Jo-Anna Nieves filed a writ of error coram nobis on behalf of the client, noting that the client's prior attorney failed to advise him of the deportation consequences of a conviction. The court agreed with the motion filed by Jo-Anna and the writ was granted, allowing client to continue their life with their family in the US.

If you were previously convicted of a crime and are no longer in custody, you can file a motion to vacate the judgement based on:

A prejudicial error which damaged the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere (“no contest”); or
Newly discovered evidence of actual innocence.

This form of relief, outlined in Penal Code 1473.7, allows individuals to file a motion to vacate if they are subject to immigration consequences due to a prior conviction. Previously, you could only challenge a conviction within a short period of time following the conviction by filing a habeas corpus petition. Once the Penal Code became effective on January 1, 2017, a motion to vacate needed only to be filed with “reasonable diligence” after you receive a Notice to Appear in immigration court or after a removal order becomes final.

You may also be eligible for relief under Penal Code section 1016.5 if the court failed to advise you of the immigration consequences associated with your conviction at the time of the entry of your plea. Our attorneys can review the court records and determine if you were properly advised as the statutes require. If you were not advised by the court then your past conviction must be vacated.

If you think you are eligible for a motion to vacate under Penal Code 1473.7 and would like assistance pursuing this form of conviction relief, we may be able to help. Contact the Oakland motion to vacate attorneys at The Nieves Law Firm to schedule a free consultation and further discuss your options.

Individuals who were convicted of a non-violent crime they committed while being a victim of human trafficking, either as a juvenile or an adult, can find recourse according to California Legislature. Penal Code 236.14, which went into effect on January 1, 2017, provides these individuals the opportunity to vacate their prior conviction if they can prove with clear and convincing evidence that the arrest and subsequent conviction were the direct result of being a victim of human trafficking.

As mentioned above, the crime must have been non-violent for an individual to qualify for a motion to vacate. All crimes listed under Penal Code 667.5 (c) are considered violent crimes in relation to this form of relief. Some examples include robbery, kidnapping, or attempted murder. Specific forms of arson, assault, and extortion will also bar you from being eligible for a motion to vacate. Individuals pursuing this form of relief must also show that they engaged in a good faith effort to distance themselves from the human trafficking scheme. If you would like to file a motion to vacate for human trafficking, schedule a free consultation with our team so we can discuss your options.

Motions to vacate are available to individuals who are facing deportation and have received a notice of removal proceedings or are facing denial of reentry, naturalization, or other immigration benefits. This same statute says that a non-citizen who is facing these consequences because of their conviction can file a motion to vacate if they believe that they were not properly advised of the potential immigration consequences for a guilty plea. A dedicated attorney could help individuals determine if a motion to vacate is likely to succeed and when it is appropriate to file the motion in court.

Get Help from an Oakland Motion to Vacate Attorney Today

A guilty finding in court does not mean that you no longer have rights. Even if you admit guilt in court, you still may be able to withdraw that admission or ask for a new hearing. However, a motion to vacate must be filed on time and under very specific circumstances.

A dedicated criminal lawyer could help you with this process and give you the best chance at standing up for your rights even after a conviction. This could result in a new trial or even a total dismissal of your charges. Contact an attorney today to discuss your options for Oakland motions to vacate a criminal conviction.

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Client Reviews

By: Anastasia G

Title: 10/10

Roxanne was great and never made me feel judged. She worked hard and kept me up to date with everything going on in my case and got me a lesser sentence than I would have gotten otherwise. They also worked with me for a payment schedule that worked for me and my family. 10/10 would recommend.

Rating: ★★★★★ 5 / 5 stars