Obtaining Post-Conviction Relief
Getting post-conviction relief requires the expertise of a skilled attorney who possesses a deep understanding of relevant laws and has the necessary resources to meet critical deadlines. At Garrity Traina, we are dedicated to fiercely advocating for our clients using the following strategies tailored for each specific case:
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Identifying Mistakes and Trial Errors: If you believe that your original trial did not yield a fair resolution, it is crucial to have it thoroughly reviewed. Attorney Aaron Spolin meticulously scrutinizes trial transcripts to uncover any mistakes or errors. Our relentless attention to detail helps us identify potential bases for relief.
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Ensuring the Appropriate Application of Laws: If a prosecutor fails to satisfy all the elements of a statutory crime beyond a reasonable doubt, a conviction should not be upheld. Furthermore, post-conviction relief may be warranted when changes to a law occur post-verdict. We work diligently to ensure that the court applies the appropriate laws to your case.
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Introducing New Evidence and Addressing Additional Issues: If there is new evidence that casts doubt on your guilty verdict, it is essential to request a thorough review by the court. Additionally, new issues often arise when advancements in evidence collection methods occur, or when prosecutors withhold crucial information.
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Helping Clients Rebuild Their Lives: Even after being released from incarceration, individuals with convictions often face discrimination in both their personal and professional lives. At Garrity Traina, we offer options for relief from probation, removal from Megan’s List, record sealing, and reinstatement of other rights. Our goal is to empower our clients to move forward and build a brighter future.
Rely on the expertise of Garrity Traina’s post-conviction lawyers, who have achieved numerous successful outcomes throughout California courts for their clients. Attorney Aaron Spolin possesses extensive experience in both state and federal courts. For a free consultation, reach us at Garrity Traina.
Filing Post-Conviction Relief Documents in Criminal Cases
There are various types of post-conviction relief that may apply to your unique case. Each request must be submitted to the court within specific timeframes. Failure to adhere to these timelines or present a compelling argument may result in an undesired outcome, even if your request has a strong basis. To ensure that you don’t miss any deadlines and maximize your chances for success, contact attorney Aaron Spolin and his team of experienced post-conviction relief lawyers.
For urgent inquiries regarding your post-conviction relief efforts and to benefit from a free consultation regarding your case, contact Spolin Law P.C. at (310) 424-5816.
Exploring Different Types of Post-Conviction Relief
To navigate the post-conviction relief process effectively, it is crucial to work with a knowledgeable attorney who comprehends California laws and their application to your specific circumstances. At Garrity Traina, we handle various types of post-conviction relief, including:
Motion to Withdraw a Plea
If you made a plea agreement with the prosecutor, it may be possible to withdraw it if you can demonstrate that you were unaware of its implications. This often occurs when there was ineffective assistance of counsel or a failure to provide complete explanations. With a withdrawn plea, you may opt for a new plea agreement or proceed to trial.
Motion for a New Trial
When an original trial was not conducted properly, a motion for a new trial can be pursued, offering the opportunity for a fresh start. This avenue is applicable when prosecutorial misconduct or prejudice denied you a fair trial. Judges are typically cautious when granting motions for a new trial, as it implies flaws in their own proceedings.
Writ of Habeas Corpus
When the appeals process for a criminal case proves unsuccessful, a writ of habeas corpus serves as a last resort to argue that your imprisonment is illegal. This argument often relies on evidence highlighting significant mistakes made during the original trial or new evidence that questions the verdict. If granted, the writ can lead to your release from custody.
Re-Sentencing
A motion for resentencing aims to modify the original sentence. This could involve requesting release from custody or relief from probationary conditions. For example, Senate Bill 1437 can potentially reduce a sentence for felony murder, dramatically altering its duration.
Early Termination of Probation
While probation is preferable to incarceration, it can still present significant limitations. Under Penal Code 1203.3, the court has the authority to modify or terminate probation if it serves the ends of justice. Demonstrating that justice has been served can result in early termination of probation.
Commutation
Eligible individuals convicted of a crime can apply to the California governor for a reduction or elimination of their sentence. In cases where there are two or more felony convictions, commutation requires the majority approval of the California Supreme Court justices.
Exclusion from Megan’s List
Certain sexual offenses require individuals to register on Megan’s List. However, some people can petition for exclusion from the list. This includes individuals convicted of specific offenses, such as sexual battery by restraint or annoying or molesting a child, where there was no penetration or oral copulation involved, and probation requirements have been fulfilled.
Expungement
After the completion of probation, expungement may be possible. This dismisses a case without a conviction and does not need to be disclosed to future employers. However, certain sex crimes or convictions resulting in California State Prison sentences may render individuals ineligible for expungement.
Certificate of Rehabilitation
Individuals who have been convicted may qualify for a Certificate of Rehabilitation (COR) after residing in California for at least five years. Certain crimes are excluded. CORs can significantly enhance employment opportunities, facilitate the acquisition of professional licenses, and eliminate the need for sex offender registration. Additionally, obtaining a COR is a step toward receiving a full Governor’s pardon.
Restoration of Gun Rights
Specific criminal convictions in California lead to the loss of gun rights. However, restoration may be possible if the conviction does not involve a felony with a dangerous weapon or domestic violence. Gun rights can also be reinstated through a Governor’s pardon.
Sealing of Juvenile Records
When a person turns 18, their juvenile records are not automatically sealed, unless a seal and destroy order under Welfare and Institutions Code 781 was issued. Sealing may not apply to all juvenile records, so it is vital to seek this relief promptly. Failure to seal such records can affect college admissions, financial aid eligibility, job prospects, and housing options.
To evaluate the appropriateness of post-conviction relief in your case, reach out to an attorney at Garrity Traina.
The Significance of a Post-Conviction Relief Attorney
Your choice of attorney can significantly impact the outcome of your post-conviction relief efforts. At Garrity Traina, Attorney Aaron Spolin (Princeton, BA; UC Berkeley, JD) leads a team of criminal appeals specialists who possess extensive experience handling relief cases in California courts.
An accomplished post-conviction relief lawyer can make a difference in the following ways:
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Application of the Law: Seeking post-conviction relief necessitates a thorough understanding of both the laws that led to your conviction and statutes that offer potential reprieve from severe sentences. Attorney Aaron Spolin and his team possess exceptional legal knowledge and expertise in California state and federal laws.
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Analyzing the Record: A crucial step in most relief cases involves identifying the shortcomings of the original trial. An attorney can meticulously review your record to determine if your rights were violated.
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Achieving Client Goals: At Garrity Traina, we tenaciously fight to safeguard our clients’ rights and help them achieve their aspirations. Our ultimate objective is to empower individuals to move forward personally and professionally.
For a free consultation and to explore the various options for post-conviction relief, contact Garrity Traina at (310) 424-5816.
