Post-Conviction or Post-Arrest Relief
Our office handles all types of post-conviction or post-arrest matters, including New Trial Motions, Petitions for Factual Innocence, Expungements, Motions for Resentencing, and Motions to Reduce Felonies to Misdemeanors.
We handle post-conviction matters throughout the San Francisco Bay Area. For many clients, clearing up or cleaning up their arrest or conviction record may help them obtain work or professional licenses. It may also be crucial to clean up arrest or conviction record for immigration purposes.
Some arrests may not result in charges being filed, but will still show up on a background check, particularly if you are applying for a professional license.
We have handled motions to seal arrest records under Cal. Penal Code 851.91. We have also litigated and won petitions for factual innocence filed under Cal. Penal Code 851.8. In San Francisco and San Mateo County we have filed and won contested petitions for factual innocence, opposed by the prosecution. These types of motions may require the submission of extensive records and documents. To prevail on a petition for factual innocence, we often must conduct investigation, seek to obtain witness statements or declarations, compile character reference letters or letters of support, and we must spend substantial time reviewing the entire court record, including all police reports, audio or video evidence, and recordings, like Computer Assisted Dispatch recordings or 911 calls.
We also handle Penal Code Section 17(b) motions, to reduce felonies to misdemeanors. This type of relief is only available if you were convicted of a wobbler offense. A wobbler is an offense that can be charged as a felony or a misdemeanor. Any state prison sentence will make you ineligible for penal code section 17(b) relief. If you are sentenced to probation, even with some county jail time, you will not be disqualified from seeking a reduction under penal code section 17(b).
Another grounds for relief, dependent on the specific facts of your case, may be Penal Code Section 1203.4.
We have also handled motions for resentencing, primarily for clients with immigration issues. Depending on the facts of the case, and the conduct of the client since the conviction, there may be a vehicle for seeking to modify a sentence or to seek resentencing to an immigration safe plea.
We have additionally handled complicated and serious post-conviction matters, such as new trial motions, prior to sentencing. In the last decade, our office has handled two complicated new trial motions in cases where the client was facing life in prison. In both of these matters, our office convinced the court to hold an evidentiary hearing where we called numerous psychological medical, or scientific expert witnesses. In one of these cases, our office, through the testimony of expert witnesses, was able to convince the court to vacate all of the convictions. In the other matter, even though our office was not able to convince the court to vacate all the convictions, we were able to admit substantial new evidence in the form of witness testimony, and expert witness testimony, into the trial court record; evidence that the client can now use as the basis for appellate arguments and on direct appeal or future appellate litigation.
If you have been convicted of a crime, or arrested and never charged, please contact our office today to discuss your legal options. We offer a free initial consultation to discuss your post-conviction criminal law matter.