Other post-conviction relief

Post conviction Relief in California

There are mechanisms to help people who have entered a plea or received guilty verdicts in California. One is expungement, which removes your conviction from the public record after you meet certain conditions. Other types of post conviction relief include plea withdrawal, a new trial and an appeal of your conviction.

At the Newport Beach, California, law firm of the Law Offices of Fred Thiagarajah, our criminal defense lawyer helps people with all types of post conviction relief. Contact us at 1-866-511-2757 to learn if any of the forms of relief discussed below might apply to your situation.

Felony Reduction. California Penal Code Section 17b allows people who have been convicted of a felony to have their conviction reduced to a misdemeanor. Charges such as burglary, assault with a deadly weapon, criminal threats, spousal battery and many fraud charges can be charged as either a felony or misdemeanor, and these charges are therefore eligible for a felony reduction. The other condition is that the penalty for conviction must have been probation. Call our law firm to see if we can petition the court to reduce your felony conviction to a misdemeanor.

Plea Withdrawal. California Penal Code Section 1018 allows a person to withdraw a guilty or no-contest plea upon a showing of good cause for up to six months after probation is imposed. Good cause is often a guilty plea that resulted from a mistake or duress. Not being aware of immigration consequences is a common example of good cause. If good cause is shown, a motion to withdraw a guilty plea will commonly be granted if the plea was made without the assistance of an attorney. However, if the person was represented by an attorney at the time of the plea, then a motion to withdraw plea is granted at the discretion of the court. If you want to withdraw your plea, consult an attorney experienced with these types of motions.

New Trial. California Penal Code Section 1182 allows a person to request a new trial if they have just lost a trial. Such a motion must be made before sentencing on the case. These motions can be granted if the judge or jury made a legal or procedural mistake that resulted in an unfair trial. These motions are difficult to win because they are made before the same judge who conducted the trial. However, in order to maximize your chances of getting a new trial, you will need an experienced attorney. Our attorney, Fred Thiagarajah, has experience with motions for a new trial and can advise you about your options.

Appeal. If you have lost a trial or pled guilty after losing a motion, your case can be appealed. There are differences between filing an appeal for a felony case and filing one in a misdemeanor case. Notice to appeal a misdemeanor conviction must be done within 60 days of the judgment. Notice to appeal a misdemeanor conviction must be filed within 30 days of the judgment. A late appeal cannot be filed.

It is important to contact experienced attorneys who have handled appeals before and understand the procedures, the deadlines and the legal requirements. When he was a prosecutor, Fred Thiagarajah handled dozens of appeals for the District Attorney's Office. He knows the arguments for and against an effective appeal. Contact the Law Offices of Fred Thiagarajah if you think an appeal of your case, or any other type of post conviction relief, might be warranted.

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