How to Attack Your Prior Guilty Plea on Immigration Grounds (PC 1473.7)
How to Attack Your Prior Guilty Plea on Immigration Grounds (PC 1473.7) With the federal government increasing its efforts to deport immigrants, especially those who have been convicted of crimes, California’s latest reform could not have been timelier. Assembly Bill 813 went into effect Jan. 1, 2017. Prior to the law’s enactment, a conviction could only be challenged while a person was serving time in jail, prison or on probation.…
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How to Fight School Expulsion (Education Code 48900)
How to Fight School Expulsion (Education Code 48900) If your child is expelled from school, it can have a lasting impact on his or her education and life. However, under California Education Code Section 48900, your child has a right to appeal a school expulsion and seek an expulsion hearing. With so much at stake, you should consider hiring an attorney to represent your child at the expulsion hearing. Wallin…
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Can You Appeal a Felony Conviction in California?
Can You Appeal a Felony Conviction in California? The trial has ended and the jury has found you or your loved one guilty of one or more felonies. You are now likely facing the real possibility of spending many years in custody. If you were out on bail pending trial the judge likely remanded you back into custody. You are likely freaked out and do not know what to do…
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The Difference Between a Motion for a New Trial and an Appeal
The Difference Between a Motion for a New Trial and an Appeal You’ve been convicted of a crime. What are your options now? Your legal battle does not have to be over. There are two options that may be available to you: having your attorney file a motion for a new trial or an appeal. Which of these options is best for you? Motion for a New Trial (PC 1181)…
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Why You Should Never Give Up On Your Criminal Appeal
Why You Should Never Give Up On Your Criminal Appeal “I don’t want to talk to you no more, man,” he told the police. Should the police have accepted his statement from someone who was attempting to exercise his right to remain silent? This question was the basis for a recent Court of Appeals case. Miranda Rights During an Interrogation If you wish to exercise your right to remain silent,…
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Can You Appeal Your Sentence?
Can You Appeal Your Sentence? When a judge passes down a sentence, you may feel that this is the end of your case. However, it does not have to mean that your case is completely closed. The law is complicated and the correct procedures are not always followed. That is how you may be able to appeal the decision in your case. You Have a Right to Appeal Your Sentence…
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Appealing a Criminal Conviction in California
Appealing a Criminal Conviction in California You have been arrested, charged, and tried for a crime. The jury found you guilty. Is your case over? Not yet. People, including police officers, district attorneys, and even judges, can and often do make mistakes. Your trial defense attorney may have mismanaged your case in a manner that deprived you of the advice of effective counsel. The judge may have allowed evidence to…
Read More6 Steps to Help You Win Your Criminal Appeal
6 Steps to Help You Win Your Criminal Appeal Being convicted of a crime can dramatically alter your life. It can affect your ability to obtain employment and will undoubtedly add pressure to your life. If you are convicted of a crime, you are likely facing jail time and other serious consequences. However, being convicted of a crime does not mean that all hope is lost. You have the constitutional…
Read MoreI Won My Appeal in California Appellate Court. What Happens Now?
I Won My Appeal in California Appellate Court. What Happens Now? If you were convicted of a crime and appealed the judgment to a California appellate court and the judgment was reversed, you have successfully appealed your conviction. The appellate court may have found that certain evidence should not have been admitted at your trial or there were errors or misconduct on the part of the trial judge, prosecutor, defense…
Read MoreThe 5 Dumbest Criminal Appeals
The 5 Dumbest Criminal Appeals If a person is convicted of a crime and feels he or she is innocent or did not receive a fair trial, the person has every right to appeal the decision. However, this right can be abused in the justice system. Sometimes, a person will plead guilty to serious charges and file an appeal for a slight, insignificant reduction in penalties or appeal a minor…
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