California has several post-conviction remedies for citizens who have been convicted of crimes. These post-conviction remedies include reclassifying felons as non-felons, reducing felonies to misdemeanors, terminating probation early and dismissing convictions, and even protecting non-citizens from deportation with motions to vacate convictions.
In January 2017, changes in California law went into effect allowing non-citizen defendants who were convicted of crimes to petition the court for a motion to vacate. This type of post-conviction relief can result in a reduction of a sentence or even a new trial.
If you have already been convicted of a crime in California, a Dublin post-conviction relief lawyer may be able to help you undo the conviction. A professional attorney could examine the facts that led to your conviction and help form arguments that either new evidence has been discovered pointing to your innocence or that you were improperly advised of your immigration consequences by your former counsel. This failure to advise of immigration consequences amounts to ineffective assistance of counsel and is grounds for relief.
Many criminal charges in California may be tried as either misdemeanors or felonies. Having a felony conviction on a criminal record can have an immense impact on a person’s life such as losing your right to possess a firearm, losing your right to serve on a jury, and difficulty in finding gainful employment.
More specifically, people in this situation may—with a Dublin post-conviction relief lawyer’s help—petition the court to reduce their felony to a misdemeanor. Under Penal Code 17(b) defendants who have been convicted as felons have the right to petition the court to reduce to a misdemeanor in a certain situation where the crime is a wobbler.
This involves submitting paperwork outlining the legal reasons for why a felony conviction should be downgraded to a misdemeanor to the court that issued the sentence. This will result in a change the applicant’s criminal record and restore rights they lost as a felon.
A criminal conviction in the United States can have a devastating effect on the lives of non-citizens. Even people who are in the country legally with a green card may face deportation if they are convicted of certain crimes especially aggravated felonies, sex crimes, and drug crimes.
Often, these negative deportation and removal consequences may not have been made known to a defendant prior to them pleading guilty to a deportable offense. This led to many legal residents facing surprise deportation and removal hearings.
In recognition of this issue, the California state legislature passed California Penal Code §1473.7 in 2016. This statute states that a person no longer in jail or prison may petition the court to vacate their conviction if they can provide evidence of a judge’s or attorney’s error in not informing them of all the immigration consequences for a guilty plea.
This can specifically apply to defendants who were not informed of the potential deportation effect of a guilty plea for a crime. If a defendant believes they fell victim to such a scenario, a Dublin post-conviction relief lawyer may be able to help them file a motion in court as soon as they receive notice that deportation or removal hearings are being held.
Past convictions that were classified as felonies may now be changed to misdemeanors, which will have a major effect on the individual’s future. In addition, non-citizens who pled guilty to an offense that could result in their deportation and removal from the United States can argue that there was prejudicial error and they were not aware of the potential consequences for their plea. This can result in their conviction being vacated.
A Dublin post-conviction relief lawyer may be able to help. Call today to schedule a consultation and discuss your case.
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.
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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
