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.
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.
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.
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.
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.
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!