Understanding Criminal Sentencing and Post Conviction Relief in California
Sometimes errors are made during the process of convicting a defendant of a crime in California. The error may or may not have resulted in a wrongful conviction, but either way, the defendant can seek post-conviction relief. The process, however, is neither straight-forward nor guaranteed.
At Law Offices of Christian L. Woods, APC, our criminal defense attorney will walk you through the process to seek post-conviction relief. Call us today at (626) 581-6134 to schedule a Consultation.
Understanding Post-Conviction Relief Availability in California
Suppose you have been found guilty of a criminal offense. In that case, you might consider post-conviction relief in California, especially if you feel your charges were unfounded or your penalties were overly severe.
A conviction can be troublesome when you're seeking a new job, enrolling in school, applying for bank loans, or housing. It can also affect gun ownership, voting rights, and relationships.
In addition to the immediate ramifications, a conviction in a California criminal court can have lifelong consequences since it will remain on your criminal record. Unless you petition to have it removed, it won't merely disappear over time.
Many people feel that the outcome is unfair or that they were not adequately represented. Others believe that although they were guilty of a crime, the conviction should not have a continuing impact on their lives. Perhaps they were young and impressionable or otherwise felt driven by circumstances.
These individuals have the option of seeking post-conviction relief. In some cases, post-conviction relief may be mandatory, but it remains discretionary in others. Fortunately, in many cases, relief may be available.
What is Post Conviction Relief?
Post-conviction relief (PCR) is a process that allows a defendant to present additional evidence or raise further issues after they have been convicted of a criminal offense. Unfortunately, errors do occur in the criminal justice system and these errors can result in wrongful convictions. Like the appeals process, PCR provides a way for a defendant to raise and remedy any errors during their case.
PCR is different from a direct appeal. A direct appeal is filed with a higher appellate court. In an appeal, a defendant alleges that the trial court made a legal error and asks the appellate court to give a different decision. An appellate court cannot consider new evidence, it can only review the evidence that was before the trial court.
In contrast, a defendant applies to the trial court for PCR and it is often the trial judge who hears and decides the matter. A defendant can present new evidence and raise issues that cannot be fully investigated in an appeal, where there is no opportunity to hear witnesses.
A successful PCR motion may result in an order for a new trial, a change to the defendant's sentence, or some other relief for the defendant.
Possible Claims for PCR in California
The claims a defendant raises in their request for PCR will depend on the specific facts of their case. Examples of potential claims include the discovery of new evidence not available at the time of the trial and post-verdict changes to the law.
One of the most common bases for PCR is ineffective assistance of counsel, where a defendant alleges their attorney failed to represent them in a reasonably competent manner in violation of their Sixth Amendment rights.
When arguing for ineffective assistance, a defendant may allege their counsel failed to:
- Investigate a case, including any potential defenses
- File necessary motions such as a motion to suppress evidence or a motion in limine
- Obtain expert witness assistance relevant to a defendant's defense
- Advise them of a plea offer made by the prosecution
- Correctly advise them in relation to a plea offer
- Interview and call available witnesses
- Object to improper evidence
- Object to improper argument
- Request proper jury instruction from the trial judge
- Object to an improper jury instruction
- Object to improper sentencing issues
- Seek a downward departure sentence (a sentence lower than the minimum guideline)
A defendant should seek legal advice as to the specific claims that may arise in their case.
Furthermore, Post-Conviction Relief services, offered by the Law Offices of Christian L. Woods, APC include the following:
- Motion for “Compassionate Release” during Covid-19 Pandemic under the First Step Act
- Penal Code 851.91 and 851.97 aka C.A.R.E. Act– Petition to Seal Arrest Records that Did Not Result in a Conviction
- Penal Code 17b– Motion to Reduce Felony to Misdemeanor
- Penal Code 1203.4– Expungement Motion
- Penal Code 1203.43– Clearing a Criminal Record after Completing Drug Treatment Diversionary Program
- Penal Code 1203.3– Motion to Terminate Probation Early
- Proposition 64 that Decriminalizes the Possession of Marijuana and allows People with Convictions for this Former Crime to Expunge Their Criminal Records.
- Proposition 47 Motion– Reclassification Motion Based on Change in Law
- Penal Code 1473.7– Motion to Withdraw Plea
- Penal Code 4852.01– Obtaining Certificate of Rehabilitation for Penal Code 290 Registrant Cases
- Romero Motion to Strike Prior Strike
- Motion for Military Diversion
- Motion to Recall Bench Warrant
- Motion to Modify Protective Orders
How to Apply for Post-Conviction Relief in California
The time limit for filing a request for PCR is jurisdiction-dependent. However, a defendant usually has more time to file a PCR motion than a direct appeal. For this reason, it's common for a defendant to file a PCR motion after a direct appeal.
A PCR motion usually needs to include the details of the trial, the basis on which the defendant is seeking PCR, and the remedy they are seeking.
What is The Post-Conviction Relief Process and Is Such Relief Worth Seeking?
One standard method attorneys use to file a motion for post-conviction relief is a motion to vacate judgment. It allows you to withdraw a guilty or no-contest plea if you can show you didn't realize what you agreed to at the time to ensure a fair trial.
An example is if you are a noncitizen defendant and your defense counsel didn't explain the potential adverse immigration consequences like deportation. If, under Penal Code 1018 pc, the court grants a motion to nullify the plea, you can go to trial to negotiate another plea bargain.
If you are convicted, you may be able to file a Penal Code 1181 pc stating that your trial was biased or you received ineffective assistance. Since the court prefers to present itself as infallible, these motions are a little more challenging to get.
Whether prior conviction or after, anything involving your case is complex with far-reaching consequences, and you may wonder, “What happens at a post-conviction hearing, and is it worth the effort?” Although this is a personal decision, for some, the notion of having a clean criminal record is worth the expenditure of time and money.
After a conviction, several aspects may come to light that could affect how your case would have gone, thereby opening a new trial to enter new evidence and witness testimony. Since there are specific and complex procedures for post-conviction relief, it is important to have a lawyer capable of efficiently navigating the legal system.
If the appeals process fails in California State court, filing a writ of habeas corpus is often the last resort of your legal team. It presents the argument that you were imprisoned illegally due to serious mistakes. If granted, you should be immediately released.
Whether you require a white-collar criminal defense lawyer or a criminal defense attorney for an assault conviction, the Law Offices of Christian L. Woods, APC is prepared to help you right the wrong.
Furthermore, for those wondering how long a post-conviction relief takes, it depends on which method your attorney recommends based on the post-conviction relief options you are eligible for. Still, it generally takes one or more years.
There are several options that the Law Offices of Christian L. Woods, APC may consider, including, but not limited to:
- Defendants convicted of a wobbler felony can request a re-sentencing to reduce their sentence to a misdemeanor as long as they are compliant with all aspects of their sentence.
- With two or fewer felony convictions, a defendant might be eligible for commutation, also called clemency, which reduces or drops the conviction. With over two felonies, it needs to be consented to by most California Supreme Court justices.
- Eligible defendants may be able to petition for expungement upon the successful completion of their probation. If their conviction is expunged, it is like it never occurred. Those who did time in California State Prison for certain sex crimes involving children are ineligible.
- A Certificate of Rehabilitation (COR) is often the first step toward getting a Governor's pardon and is only available to people convicted of certain crimes living incident-free for at least five years in CA.
- Unless the conviction is for domestic violence or a felony involving a deadly weapon, California defendants may be able to get their gun rights restored. This is generally done by reducing their initial charges to a misdemeanor or a pardon from the Governor.
- Juvenile records aren't automatically sealed when the offender turns 18. Since these appear negative to potential employers, it is wise to begin having them sealed immediately.
Whether a reduced sentence or a commutation of your prison sentence is available, criminal cases might be reopened due to newly discovered evidence or changes in California Penal Code.
Contact a Criminal Defense Attorney in Los Angeles County, Riverside County, Orange County, and San Bernardino County Today
You don't have to face the criminal justice system alone. At Law Offices of Christian L. Woods, APC, we know the justice system can be intimidating and overwhelming, but we're here to help. Call (626) 581-6134 or fill out a contact form to schedule a Consultation. Whether it's a criminal defense attorney in California to fight criminal allegations or to help you obtain post-conviction relief, we have the resources and skills to help you.
If post-conviction relief is what you are seeking, contact Law Offices of Christian L. Woods, APC for a free consultation.