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If you are charged with a crime, you are likely to be nervous, uncertain, and scared about the potential consequences. Unfortunately, this might lead you to plead guilty or otherwise act hastily under pressure during a trial in a way that does not match up with your best interests.

However, a San Leandro motion to vacate a criminal judgment is one form of relief following a conviction that may be available to you under California law. You need an experienced attorney to help you understand your rights in this regard and assess the circumstances of your situation. Our firm’s accomplishments with motion to vacate cases led to our founder being featured in an opinion on the subject.

Defining Motions to Vacate a Criminal Judgment

Under California Penal Code §1473.7, a defendant in a criminal proceeding may file a motion to vacate a criminal judgment under certain circumstances. The purpose of this motion is to erase the previously-set conviction and allow an individual charged with a crime to effectively start over, usually to plead “not guilty” to a charge.  Motions to Vacate under Penal Code section 1473.7 are one of the only forms of relief for those who are experiencing immigration consequences due to a past conviction such as removal proceedings and impending deportation.

The circumstances surrounding these motions can be complex, especially if a person seeking to make a motion is underprepared or underrepresented. An experienced attorney might be able to help file a motion in San Leandro toward vacating a criminal judgment.

Grounds for a Motion in San Leandro

Usually, a defendant must show “good cause” in order for a judge to grant their motion to clear a criminal judgment. For example, a good cause might be proven by demonstrating that the defendant lacked competent or effective legal representation, or that he or she was coerced or put under undue pressure to enter a guilty plea.

A lack of awareness of the collateral consequences of pleading guilty to a crime is one of the most common reasons to file a motion. As outlined in CPC §1016.5, an individual may not realize when he or she enters a guilty plea that, for example, there are immigration-related consequences that might result, including deportation. Similarly, a guilty plea that leads to a criminal conviction might result in a denial of a professional license or a job opportunity—repercussions that some defendants may not be aware of.

Whether or not to grant this type of motion is usually up to a judge’s discretion, excepting certain situations. If, for instance, a defendant appeared without counsel at the time that he or she originally pled guilty to a crime, the court might grant a motion to vacate a judgment that has been filed upon the demonstration of good cause.

Alternatives to Vacating a Court Decision

If an individual is unsuccessful in vacating a criminal judge through a motion, there are other alternatives that might allow him or her to achieve similar results. These forms of relief include a review for an appeal, a petition to expunge criminal convictions, a certificate of rehabilitation, or an application for pardon.

How Filing Motions to Vacate a Criminal Judgment in San Leandro Might Help

While post-conviction relief in the form of San Leandro motions to vacate a criminal judgment may not available to everyone, it may be an option worth investigating if you have pled guilty without effective assistance of counsel resulting in deportation consequences or removal proceedings. If you are eligible for this type of relief, a successful motion might allow you to effectively restart your case and seek a different result.

For help with this, you may wish to consult with an experienced defense attorney to assess your circumstances and determine the most effective strategies available under your unique circumstances. To learn what legal options are available for you, call an attorney today.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

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 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.

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Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

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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