Post-Conviction Relief in California

Name: Bamieh & De Smeth PLC
Telephone: (805)643-5555
Price range: Free Consultation
Rating: 4.6

A criminal conviction can have far-reaching consequences that can affect every aspect of your life—from your career to your personal relationships. Even if you've already been convicted and sentenced, there may still be opportunities to challenge the conviction or reduce the penalties through post-conviction relief. Bamieh & De Smeth is here to help you explore your options and fight for a second chance.

Our skilled attorneys are well-versed in post-conviction law and have a proven track record of success in securing post-conviction relief for clients across California. Whether you are seeking to overturn an unjust conviction, reduce your sentence, or clear your criminal record, we are committed to providing aggressive and comprehensive legal representation at every stage of the process.

What is Post-Conviction Relief?

Post-conviction relief refers to legal procedures available after a criminal conviction has been entered. These processes allow individuals to challenge the outcome of their case, even after a verdict has been rendered and a sentence imposed. In California, there are several different forms of post-conviction relief, each designed to address specific issues that may have occurred during the criminal trial or sentencing phase. Some common forms of post-conviction relief include:

Appeals

A formal request to a higher court to review the conviction and determine whether legal errors were made during the trial. If successful, an appeal can result in a reversal of the conviction or a new trial.

Post-Conviction Motions

These motions are filed after conviction and sentencing, requesting a judge to modify the original decision. This may include motions for a reduced sentence, withdrawal of a guilty plea, or a new trial.

Habeas Corpus

This legal petition challenges the lawfulness of your detention, arguing that your conviction was based on constitutional violations, such as ineffective counsel, prosecutorial misconduct, or new evidence that could exonerate you.

Expungement

This process allows certain criminal convictions to be erased from your record, which can significantly improve your chances of securing employment, housing, and other important opportunities.

These legal avenues provide a vital opportunity to seek justice and make things right after a conviction. However, post-conviction relief processes can be complex and require a strong legal strategy to be successful.

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Why Seek Post-Conviction Relief?

There are several reasons why someone might seek post-conviction relief. Some of the most common reasons include:

New Evidence

If new evidence comes to light that could prove your innocence or significantly change the outcome of your case, it may be grounds for post-conviction relief. This evidence could include newly discovered witnesses, DNA evidence, or other key facts that were unavailable during the trial.

Ineffective Assistance of Counsel

If your defense attorney failed to provide competent representation, you may be eligible for post-conviction relief. Poor legal representation during your trial can lead to wrongful convictions or overly harsh sentences.

Prosecutorial Misconduct

If the prosecutor in your case engaged in unethical or illegal behavior, such as withholding evidence or presenting false testimony, you may have grounds to challenge the conviction.

Improper Jury Instructions

Errors in how the judge instructed the jury can sometimes lead to a wrongful conviction. If these errors were made, you may be able to challenge your conviction.

Sentencing Errors

If your sentence was improperly calculated or too harsh given the circumstances, post-conviction relief may allow you to reduce your sentence or alter the terms of your punishment.

How We Can Help You

At Bamieh & De Smeth, we understand how overwhelming it can be to face a criminal conviction and the subsequent challenges of post-conviction relief. We are committed to fighting for justice on your behalf and will work tirelessly to explore every available legal avenue for relief.

Our Post-Conviction Relief Services Include:

Thorough Case Review: We meticulously review all aspects of your case, including trial transcripts, evidence, and potential errors in your original trial.
Expert Legal Guidance: Our team of skilled attorneys has extensive experience in post-conviction law, and we are well-versed in identifying issues that may qualify for post-conviction relief.
Appeal Representation: If your case qualifies for an appeal, we can guide you through the appellate process, presenting your case to a higher court with the goal of securing a favorable ruling.
Habeas Corpus Petitions: We have experience filing successful habeas corpus petitions on behalf of clients who have been wrongfully convicted or sentenced.
Expungement: If you qualify for expungement, we can assist in getting your criminal record cleared, helping you to move forward with your life without the burden of a criminal conviction.

Why Choose Bamieh & De Smeth?

When it comes to post-conviction relief, experience and skill matter. Our firm has a strong track record of success in handling complex criminal cases and post-conviction matters, including securing reductions in sentences, obtaining new trials, and even overturning convictions.

As a client-focused law firm, we are committed to understanding your unique situation and providing a tailored defense strategy. With years of experience and a dedication to justice, our attorneys have earned accolades, including recognition as Defense Attorney of the Year and Prosecutor of the Year, thanks to our strong track record and aggressive legal representation.

Our Approach

Aggressive Advocacy: We are dedicated to fighting for your rights and pursuing every possible avenue of post-conviction relief.
Personalized Service: We work closely with our clients, taking the time to understand their needs and concerns at every step of the process.
Proven Results: With decades of experience in criminal defense, we have a history of success in securing post-conviction relief for our clients.

Get Started Today

If you or someone you love is seeking post-conviction relief in California, don’t wait—contact Bamieh & De Smeth today. Our legal team is ready to provide a comprehensive case review and help you explore your options for post-conviction relief. We offer free consultations and will work tirelessly to get you the justice you deserve. Let us help you move forward with confidence and peace of mind.