Even if your criminal case ends with a conviction or a guilty plea, that does not necessarily mean that ruling and any subsequent sentence passed down is the end of your fight to protect your freedom. In certain situations, California state law allows people convicted of criminal offenses to seek relief from the penalties that resulted from their conviction or plea bargain.
If you want to explore this kind of relief, consulting with an experienced criminal defense lawyer who has helped achieve positive outcomes in similar cases could be a crucial first step. Once retained, a knowledgeable Walnut Creek post-conviction relief lawyer could ensure you understand your rights completely, and tenaciously help seek the fair resolution you deserve.
Seeking post-conviction relief is not the same thing as filing an appeal of a criminal court verdict, nor is it possible to pursue post-conviction relief in every situation. While an appeal is a broad method for contesting a criminal court verdict based on procedural errors that directly impacted the outcome of the trial in question, post-conviction relief is a more narrowly defined way of seeking less severe criminal penalties based on the unique circumstances in a particular case.
In California, people convicted of criminal offenses may be eligible for post-conviction relief if they were never informed of what rights they had under the U.S. Constitution, if they did not receive clear and comprehensive guidance about the effects a plea agreement might have before they agreed to it, or if they did not understand the possible immigration impact of taking a plea bargain. Post-conviction relief may be an option if the defendant’s lawyer did not prove effective legal assistance throughout the case.
Other post-conviction relief options may be available for individuals who complete terms of probation for convictions that could have been punished with jail time, individuals convicted and sentenced of a felony offense that could have been classified as a misdemeanor, and convictions for crimes like marijuana possession which the state of California no longer prosecutes in the same ways they once did. An experienced Walnut Creek Post-Conviction Relief lawyer could offer crucial clarification about what post-conviction relief options might be available in a particular situation.
The specific steps required for post-conviction relief vary substantially depending on a person’s grounds for seeking relief and the exact type of relief they are requesting. In most situations, this process begins with filing a motion with the court for a specific form of relief.
Certain types of post-conviction relief involve petitioning with parties other than the court. For instance, someone who wants to have a criminal conviction commuted would need to state their case to the California governor, and potentially before the state Supreme Court in extreme situations. Once again, a post-conviction relief lawyer in Walnut Creek could provide essential guidance when it comes to effectively and efficiently pursuing the best solution.
While not every criminal conviction can be overturned through post-conviction proceedings, there are circumstances under which this kind of action is warranted. If you believe you might be eligible for post-conviction relief, it is essential you obtain representation from an experienced Post-Conviction Relief lawyer to discuss the possibilities of your case in detail during a private consultation. Schedule yours by calling 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.
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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
