Has a conviction from your past come back to hurt your future in California? Whether you need to clear your record or challenge a wrongful conviction, the right legal help is crucial. Call Ahmed & Sukaram, Criminal Defense Attorneys, to discuss your situation.
With 30 years of combined experience, our team knows how California’s post-conviction relief process works and can give defendants a chance to move forward with the life they deserve. Call (408) 217-8818 or contact our team at Ahmed & Sukaram, Criminal Defense Attorneys, to schedule a free consultation with a California post-conviction relief lawyer.
How Ahmed & Sukaram, Criminal Defense Attorneys, Can Help With Post-Conviction Relief in California
If you need help with post-conviction relief in California, our team can guide you through your options.
Here’s how our California criminal defense attorneys can help:
- We thoroughly review your case file and court records to find grounds for appeals, expungement, or sentence reductions.
- Our team will gather fresh evidence, track down witnesses, or uncover mistakes made in your trial to strengthen your application.
- We represent you in hearings and communicate directly with the courts and prosecutors to clearly present your case for relief.
Our attorneys are State Bar Certified Criminal Law Specialists and have been recognized by National Trial Lawyers Top 100. We’ll do everything we can to help you. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a California post-conviction relief lawyer.
Overview of Post-Conviction Relief in California
Post-conviction relief in California gives people who have already been convicted a path to challenge or reduce the consequences of their case. These legal options can help correct mistakes, revisit unfair decisions, or limit the ongoing effects a conviction has on your life.
Several different remedies may be available depending on your situation, including:
Motion to Withdraw a Plea
This request asks a judge to let you take back a guilty or no contest plea. It’s often filed when you did not fully understand the outcome of your plea deal, maybe because of poor advice from your lawyer (ineffective assistance of counsel) or not knowing about issues like possible deportation.
Motion for a New Trial
Defendants can ask for a completely new trial if there was misconduct or serious errors during the first court proceedings that violated their rights. Judges rarely grant these motions, but in some cases, it could be successful.
Writ of Habeas Corpus
When all other appeals are exhausted, this motion argues that you are being unlawfully detained. It is often used if new evidence appears, such as DNA testing, or if your lawyer made major mistakes in the original trial. Winning a writ of habeas corpus means you could be released from custody.
Re-sentencing
This is a way to ask the court for a lighter sentence or new terms, maybe based on changes in the law or because the original punishment was too harsh. For certain convictions, laws like Proposition 47 or Senate Bill 1437 open the door to re-examined prison sentences.
Early Termination of Probation
If you are successfully meeting the terms of your probation, you can apply to have probation terminated early. Most people become eligible after serving at least a year, provided they’ve paid all fines and stayed out of trouble.
Commutation
Requesting a commutation means asking the Governor to reduce or wipe out your sentence. If you have several serious convictions, the California Supreme Court must also approve. This is sometimes called executive clemency.
Exclusion from Megan’s Law Website
Certain qualifying offenses allow some individuals to petition to remove their names from California’s publicly searchable sex offender site. This usually applies only to lower-level offenses and very specific circumstances.
Expungement
Expungement allows some people to have a conviction dismissed once probation is complete, meaning the record is no longer visible to the public. Not all crimes are eligible, especially the most serious offenses involving children or long-term state prison sentences.
Certificate of Rehabilitation
People with eligible convictions who have lived in California for several years and stayed out of legal trouble may apply for a Certificate of Rehabilitation. This document can help with employment and is the first formal step toward seeking a Governor’s pardon.
Each type of post-conviction relief has its own steps and requirements. Working with a post-conviction lawyer is the best way to figure out which option is right for you.
Trying to put a conviction behind you can feel overwhelming, but there are legal steps you can take to make a fresh start. The team at Ahmed & Sukaram, Criminal Defense Attorneys, will take the time to listen and walk you through each option.
We want to ensure that you can move forward and live the best life possible without your past mistakes haunting you. Contact Ahmed & Sukaram, Criminal Defense Attorneys, to schedule a free consultation with a California post-conviction relief lawyer.