Post Conviction Attorney in Indio
Let Our Palm Desert Criminal Defense Lawyer Fight for You
If you have been convicted of a crime in California, that does not have to be the end of the road. Even after the court finds you guilty, you have the right to file for post-conviction relief. At the Law Offices of Anastacio De La Cruz, we handle all types of criminal charges and post-conviction relief processes, including appeals, expungements, violation of probation, and more.
Our Post Conviction Services
At Law Offices of Anastacio De La Cruz we can help explore various post conviction relief options, including:
- Appeals: In the event that a judge, jury, prosecutor, or your defense attorney made a mistake during your trial, the law offers you a second chance at justice. Our criminal defense team can help investigate to see whether or not you have sufficient grounds to file an appeal for a reversed decision or new trial. A request for a review of your initial case must be based on a legal error such as false arrest, jury misconduct, insufficient evidence, sentencing errors, or improper admission of evidence.
- Expungements: This post-conviction procedure involves filing a petition to the trial court, requesting that your conviction be cleared from your criminal record. To qualify for expungement, you must meet a few requirements. First, you must have completed your probation successfully and without any major problems. Second, you must have paid all the fines, fees, and restitution ordered by the judge. Finally, you cannot currently be facing charges, serving a sentence, or on probation for any other charges.
- Motions to withdraw a plea: If you pled guilty to your charges but now desire to take back your plea, we can help you file a motion to withdraw a plea. Typically, this type of legal action can be made any time before sentencing or within 6 months of the date the judgment is entered. If the judge grants the request, the criminal case is reset to the arrangement phase. At this point, you can choose to proceed to trial or try to enter a new plea bargain.
- Motions to vacate a conviction: In certain situations, those convicted of a crime can return to the court to request that a judge vacate, or set aside, their guilty or no contest pleas. This is not the same as expunging the conviction. In this case, if the judge grants the motion, the conviction is eliminated, the charges remain, and the defendant can enter a different plea. This post-conviction action is commonly used for individuals who entered a guilty plea without realizing that it would lead to their deportation.
- Writs: If your constitutional rights have been violated during your arrest or trial, you can file a writ petition against the state or government agency that is at fault. When a judge grants a writ, it means they require the person or entity to perform or stop performing a specific action.
- Proposition 47: This law mandates that non-serious, non-violent crimes be charged as misdemeanors instead of felonies, unless the defendant has a prior conviction for rape, murder, or certain sex offenses and gun crimes. Under this statute, if you are currently serving a sentence for a felony conviction, you can petition the court to have it converted to a misdemeanor. Also, if you have a low-level felony on your criminal record, you may be able to get it reduced to a misdemeanor.
- Violation of probation: if you have been accused of breaking the terms or conditions of your probation, you could be at risk of facing some severe consequences. These include fines, imprisonment, losing your probationary status, and being ordered to serve your original sentence.
If you need help with any post conviction matter in Indio, be sure to consult with our experienced criminal defense lawyer at the Law Offices of Anastacio De La Cruz. We will take the time to understand your unique situation and help you make an informed decision on how to proceed.
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