A criminal record could be devastating to your personal and professional prospects. Unless you take steps to clean up your record, it may hold you back in several ways including loss of job offers, denial of professional licenses, loss of previously held employment, or even reputational concerns regarding your character, credibility, and veracity. We believe that individuals are better than their worst mistake, that they are not defined by a past conviction, and that everyone deserves the opportunity for a fresh start and to show that they have been rehabilitated.
A Martinez Post-Conviction Relief attorney could help you clean up your past convictions, terminate your probation early, get certified as rehabilitated, or even seal your arrest. Under California law, there are numerous avenues to address your criminal record and possibly modify the outcome, but the process can be complicated with many rules and eligibility requirements to sift through. The sooner you seek out a knowledgeable criminal defense attorney the sooner you can get your life back on track.
Post-conviction relief describes the various ways a defendant may ask for a review of their situation after conclusion of the case. Each person’s circumstances are unique. The relief sought depends on numerous factors, including the charges, the facts of the case, the amount of time since the conviction, whether the individual served time in prison, if the person completed all the terms of their probation, if the individual has remained crime free, and much more.
Under specific circumstances, the California Penal Code requires courts to modify charges, alter sentences, or amend a person’s criminal record. Proposition 47 downgraded several theft offenses (e.g., shoplifting under California Penal Code § 459.5 and receiving stolen property valued at less than $950 under Cal. Penal Code § 496(a)) from felonies to misdemeanors. Proposition 64 decriminalized marijuana possession, and under California Health and Safety Code §§ 11361.8 and 11361.9, individuals convicted of cannabis possession before this law’s enactment may have their cases reviewed to modify the sentence or order a dismissal.
Additionally, the California law provides a remedies for individuals who have completed drug treatment diversion programs or a deferred entry of judgment programs. Under Cal. Penal Code §§ 1000.3(d) and 1203.43, once an individual has completed such a program, the court must grant their petition for dismissal of charges. By seeking the advice of a criminal attorney experienced with post-conviction remedies, people in Martinez may better understand if any of these mandatory mechanisms apply to their specific cases.
Even if relief is not mandated, there are several options for people to request that the court review their case and determine if something in the record warrants a change in a person’s status.
To challenge the outcome of a trial, those convicted may file a Motion for a New Trial If granted, the defendant will have an opportunity to bring to court any new evidence that was not reasonably available at the first trial. This new evidence may then be part of further appeals, under Cal. Penal Code § 1181. The convicted defendant may also appeal directly to a higher court under Cal. Penal Code § 1237. If the appeals process is not successful, defendants have the option of submitting a Writ of Habeas Corpus, arguing that their incarceration is unlawful.
Other post-conviction relief defendants frequently seek includes:
Regardless of the path chosen, success will require researching the individual’s unique situation, applying the legal requirements to the facts, and submitting a persuasive application for relief. An experienced Martinez post-conviction relief attorney could help determine and pursue the appropriate form of relief.
Whether you need to clean up your record or challenge the outcome of a court decision, a Martinez post-conviction relief attorney could help. There may be various avenues that apply to your situation, and a trained local criminal defense attorney could help guide you to the best outcome. To start your evaluation, call us today.
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
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!