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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







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          Why Pursue
          Post-Conviction Relief?

          A criminal record can be devastating for individuals for a variety of different reasons. If you are dealing with any of the following problems, getting some form of post-conviction relief with the help of a PCR attorney could help alleviate the burden of your conviction and allow you to build the future you really want:

          • Trouble Finding a Job
          • Having Immigration Problems
          • Can’t Get Professional License(s)
          • Want to Pursue Further Education
          • Can’t Find Better Housing
          • In Custody for Previous Offense
          Click Here To Schedule A Free Consultation

          Post-Conviction Relief in California

          Post-Conviction Relief Attorney Jo-Anna Nieves Explains PCR
          Post-Conviction Relief Attorney Jo-Anna Nieves Explains PCR

          A conviction in a California criminal court is never an easy thing to bear. Many people feel that the outcome was a miscarriage of justice or that they did not get a fair chance to plead their case. Most believe that although they were guilty of a crime, the conviction should not have a continuing impact on their lives.

          These individuals have the option of seeking post-conviction relief. Post-conviction relief may be mandatory in some cases but remains discretionary in others. A California post-conviction relief lawyer can accomplish various remedies including motions to vacate, certificates of rehabilitation, and sealing criminal records. Reach out to a post-conviction relief attorney to begin building your case.

          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.

          We Believe In You.

          Our Mission

          What People Say

          Kevin S.

          “Jo-Anna is also an expert in post-conviction relief. This includes expungements, 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. Google
          Eric G.

          “I ‘served my time’ and paid all my fines and fees, but for years after my criminal record was keeping me from jobs and being able to rent an apartment on my own. The Nieves Law Firm took the wheel and handled my case professionally. They couldn’t have made it easier. I could not recommend them more!”

          - Eric G. Google
          Alex A.

          “If you have any legal problems these guys will take care of it, especially if you need your criminal cases reopened and dismissed for immigration purposes. It is worth every penny you spend with them. They will tell you in advance what they can do and what they can’t do. I love them they gave me my life back.”

          - Alex A. Google
          Schedule A Free Consultation

          Real Cases. Real Results.

          Certificate of Rehabilitation
          Filed for Client Pursuing Professional License
          Certificate Granted
          Motion to Vacate
          Filed for Client Facing Immigration Consequences
          Motion to Vacate Granted
          Resentencing Request
          Filed for Client Serving Sentence in California Jail
          New Sentence Granted
          Governor's Pardon
          Filed for Client Having Trouble Finding Housing
          Pardon Granted
          Motion to Vacate
          Filed for Client Facing Immigration Consequences
          Motion to Vacate Granted

          Tips for Pursuing Post Conviction Relief in California

          Real Cases. Real Results.

          Finding relief from a prior conviction can be very beneficial. However, most people who pursue post-conviction relief can become overwhelmed by the options available to them. Here are a few tips that we give to clients who want to pursue relief from a prior conviction, arrest, or charge.

          1. Set Your Goals – What is the reason you are pursuing conviction relief? Do you want to pass a background check? Do you want to be resentenced? Are you trying to reduce a felony conviction to a misdemeanor? By determining what your goals are, an attorney can work with you to choose the best form of relief for your specific situation.
          2. Access Your Rap Sheet – You may already have access to your rap sheet, but if you don’t, we recommend getting a Live Scan done. By doing this, you will be able to check all the specific charges against you and what happened in court. We have talked to numerous clients who are surprised by what their rap sheet states about what happened in court.
          3. Establish the Time Frame – It is very important to establish the date of the event that you are trying to get relief from and using that to determine how much time has passed. Sometimes, the court will not allow you to ask for relief if a certain amount of time hasn’t passed since the incident. By establishing the time frame, you can ensure that you meet the requirements for relief based on your specific circumstances.

          Examples of Post-Conviction Relief

          Motion to Vacate (Immigration)

          Individuals who are no longer in criminal custody can file a motion to vacate a conviction or sentence if there is evidence that they did not understand the immigration consequences of a guilty plea pursuant to Penal Code 1437.7

          Schedule a Consultation
          Certificate of Rehabilitation & Pardon

          An individual who files for a certificate of rehabilitation will not have their criminal record changed, but these can serve as court-sanctioned evidence that person has improved their life.

          Schedule a Consultation
          Expungement Under PC 1203.4

          Our expungement lawyers can achieve a dismissal pursuant to Penal Code 1203.4. Under this code, individuals who are granted an expungement are no longer convicted of the crime. However, it does not erase the crime from your record.

          Schedule a Consultation
          Petition to Seal an Arrest

          Individuals who were arrested and no charges were filed against them have the opportunity to petition to seal their arrest. If granted, law enforcement will seal your records for three years before destroying your arrest records.

          Schedule a Consultation
          Motion to Vacate (Trafficking)

          Individuals who are no longer in criminal custody can file a motion to vacate a conviction or sentence if there is evidence that they committed the crime while being a victim of human trafficking under Penal Code 236.14

          Schedule a Consultation
          Board of Parole Hearings

          Parole is a form of conditional early release from incarceration that allows an individual to serve the remainder of their sentence in the community. Parole is impacted by the person’s conduct while incarcerated.

          Schedule a Consultation
          1170(D) Request for Resentencing

          Individuals who were previously convicted of a crime can file a motion for resentencing that requests the prison sentence to be modified. Typically, these involve requests for early release from incarceration.

          Schedule a Consultation
          Motion for Factual Innocence

          Individuals may ask the court to make a finding that they never committed a crime. The individual filing the petition has the burden of showing why they were factually innocent. If granted, police will seal and destroy the arrest records.

          Schedule a Consultation
          Franklin Hearing

          Individuals who were convicted of a crime they committed while they were a minor can request to have their sentence reduced. At the hearing, they can present evidence related to their age at the time and why their sentence should be reduced.

          Schedule a Consultation
          Early Termination of Probation

          Individuals can ask the court, more specifically a judge, to grant an early termination of probation if they have completed their probation requirements and believe their probation is prohibiting them from contributing to society.

          Schedule a Consultation
          17(B) Sentencing Reduction

          Individuals who were convicted of a felony “wobbler” offense (offenses that can be charged as either a misdemeanor or felony) can ask the court to reduce their previous felony conviction to a misdemeanor.

          Schedule a Consultation
          Writ of Error Coram Nobis

          Individuals may ask the court to correct its original sentence based on a discovery of a fundamental error that was not in the original judgement records and would have altered the outcome of the case.

          Schedule a Consultation

          Related Links

          Contact The Nieves Law Firm

          Obtaining post-conviction relief can be a first step towards better prospects in life. In many cases, new developments in California law require courts to dismiss or seal a criminal record upon receiving a qualified petition. Other statutes give a court the discretion to evaluate whether a person is entitled to post-conviction relief. Obtaining these benefits can help prevent deportation, dismiss a conviction, or even certify an individual as having been rehabilitated.

          A post-conviction relief attorney could help you evaluate your options for post-conviction help. They can work to gather a criminal record, investigate your rights under the law, and file the necessary paperwork to begin the process that is right for you. Contact a California post-conviction relief lawyer from The Nieves Law Firm today to schedule a free, 30-minute consultation. Click here to schedule a consultation.

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