Understanding Post-Conviction Relief Options in Encino, CA
Post-conviction relief encompasses a variety of legal remedies available to individuals who have been convicted of a crime. These options can include the following:
- Motion to vacate a conviction (Penal Code § 1473.7): While often used by non-citizens to challenge convictions that carry immigration consequences, this law allows anyone to seek to vacate a conviction based on prejudicial error to newly discovered evidence of innocence.
- Expungement (Penal Code § 1203.4): A person who completed probation may petition for expungement, which dismisses the conviction from their record. While it does not erase the conviction, it allows the individual to legally state they were not convicted in most cases.
- Motion for resentencing and reduction to a misdemeanor or infraction (Penal Code § 1172.1 & § 1172.6): Some inmates may qualify for a sentence reduction due to changes in sentencing laws or evidence of rehabilitation. Certain felony convictions can be reclassified as misdemeanors under Proposition 47 or Proposition 64 (for marijuana offenses) or Penal Code Section 17(B). Some misdemeanors can be reduced to an infraction under Penal Code Section 17(d) and other code sections.
- Commutation or pardon: The Governor of California can commute (reduce) a sentence or pardon an individual, restoring certain rights. This is often pursued after showing rehabilitation and good behavior.
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Real Stories from Real Clients
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Colleen O'Hara's dedication and strategic brilliance turned a life sentence into a second chance, proving her unmatched expertise in post-conviction relief and litigation.- Carlos I.
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With gratitude and admiration, this client thanks Colleen O'Hara for her compassionate support and dedication, forever grateful for her heartfelt assistance.- Alejandra G.
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Colleen O'Hara’s unwavering commitment and relentless efforts turned a difficult case into a victory, bringing freedom and joy back to this family.- Desiree O.
Eligibility for Encino Post-Conviction Relief
Eligibility for post-conviction relief varies depending on the specifics of your case. Factors such as the nature of the conviction, the presence of new evidence, or procedural errors during the trial can influence your eligibility.
Our firm can thoroughly review your case to determine eligibility and advise you on the best action. We are committed to providing personalized legal advice to help you achieve the best possible outcome.
The Post-Conviction Relief Process
The post-conviction relief process involves several critical steps, including filing a petition, presenting evidence, and potentially attending hearings. At Law Offices of Colleen O'Hara, we meticulously prepare cases to fully support and clearly articulate all legal arguments.
We can represent you in court, advocating fiercely to pursue the relief you deserve. We maintain open communication throughout the process, keeping you informed and involved.
Post-Conviction Relief vs. Appeal
It is vital to distinguish between post-conviction relief and an appeal. While an appeal challenges the legal basis of a conviction, post-conviction relief addresses issues that may not have been apparent during the trial, such as new evidence or ineffective assistance of counsel, or a statutory or constitutional defect in the taking of a plea.
We can help you understand the differences and determine the most appropriate option. We are dedicated to providing clear, actionable legal advice to guide your decision-making process.
Cost of Post-Conviction Relief in Encino
The cost of pursuing post-conviction relief can vary based on the complexity of your case and the specific legal actions required. At the Law Offices of Colleen O'Hara, we offer transparent pricing and flexible payment options to make our services accessible to those in need. We believe everyone deserves quality legal representation and are committed to providing exceptional service at a fair price.
Reach us on our contact form or at (213) 996-0529 for a free case evaluation with our Encino post-conviction relief attorney.
