How Can Post-Conviction Relief Help?
Conviction relief can dramatically improve an individual's life. A conviction can lead to lifelong severe consequences beyond the immediate impact of fines or imprisonment.
A criminal record can affect employment prospects, housing applications, the ability to qualify for professional licenses or advanced education, and even immigration status. Individuals can mitigate or even eliminate these detrimental effects by obtaining relief, opening up new opportunities, and improving their quality of life.
I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.- Kevin Q.
Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.- Khadijeh K.
If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!- Jake L.
They are the gold standard for defense attorneys. A+- Former Client
Types of Post-Conviction Relief in California
Depending on your situation, various types of procedures may be used for post-conviction or other relief that can reduce the consequences of a criminal case.
These can include:
- Writ of Habeas Corpus: This refers to a legal procedure that allows you to challenge the legality of your detention or imprisonment. It calls for the court to command your prison authority to present you before a judge to ascertain the lawfulness of your imprisonment or detention.
- Motion to vacate judgment: This legal procedure asks the court to withdraw its previous judgment, often used if new evidence has come to light.
- Expungement: Also known as record clearance, this procedure seals or erases the conviction from one's criminal record.
- Motion for a new trial: If errors in the initial trial could have affected the outcome, a defendant can file a motion for a new trial.
- Motion to withdraw a plea: This allows an individual to retract a previous guilty or no-contest plea, potentially opening up the opportunity for a new trial or different sentencing.
- Re-sentencing: A defendant can request re-sentencing if the circumstances or laws have changed since the original sentencing.
- Early Termination of Probation: In some cases, if a person on probation has demonstrated good behavior, they may be eligible for early termination of their probation period.
- Commutation: This is a form of amnesty where the Governor can reduce a defendant's sentence.
- Reduction of felony to a misdemeanor charge: Under certain conditions, a person convicted of a felony may have their conviction reduced to a misdemeanor, which carries less severe consequences.
- Conviction Review: This procedure thoroughly reviews the conviction to identify potential errors or oversights.
The potential outcomes of conviction relief can range from a reduced sentence to a completely overturned conviction. However, navigating the complexities of the legal system can be daunting, and this is where the importance of having a lawyer comes into play.
Work with a Highly-Experienced Team
At Ernenwein & Mathes, LLP, our attorneys can provide invaluable assistance. We can evaluate your case to determine what type of relief process may be right for you, guide you through the intricate legal procedure, help build a strong case, and represent you in court. Often, the outcome of a plea for relief can hinge on the competence of your legal counsel.
Attorney Ernenwein is a Board Certified Criminal Law Specialist with 38 years of professional experience. He brings the highest expertise available in the state to his clients. Let us help you find a way to clear barriers to your future through post-conviction relief measures that may be available to you.
Contact us at (310) 361-3068 today.