Post-Conviction Relief in Pasadena
Serving the San Gabriel Valley & Los Angeles County
Have you been convicted of a crime? Our legal team at Escovar & Avila,
LLP understands that your case does not end there. You may be suffering
the ongoing effects of an offense that you paid for, and you need help
regaining control of your life, your freedom, your immigration status
and your reputation.
If this scenario rings true, you should not hesitate to call our office.
Too many people suffer ongoing consequences after a conviction. That is
why we offer knowledgeable, strategic counsel and representation in the
area of post-conviction relief.
Our goal is simple:
To provide the "Best Representation" in post-conviction relief
matters. We know and understand that you have paid your debt to society
and that now it is time to allow you to move forward with your life without
unjust constraints and unexpected consequences.
What Is Post-Conviction Relief?
Pasadena defense lawyers have handled many cases in the realm of post-conviction relief, including
but not limited to:
UPDATE: NEW PENAL CODE SECTION 1473.7 MOTION:
Effective January 1, 2017, a new law entitled California Penal Code section 1473.7 allows people
no longer in criminal custody to file a motion to vacate a conviction
or sentence. This motion may be based on either one of two grounds: (1)
a prejudicial error damaged the defendant’s ability to meaningfully
understand, defend against, or knowingly accept the actual or potential
adverse immigration consequences of a plea of guilty or nolo contendere,
or (2) newly discovered evidence of actual innocence.
For immigration purposes, this section allows motions to be raised arguing
either: (1) defense counsel violated the duty to investigate and accurately
advise the defendant about specific immigration consequences of a plea,
(2) defense counsel failed to defend against immigration consequences
of a plea by attempting to plea bargain for an immigration-safe plea;
and/or (3) the defendant failed to meaningfully understand the immigration
consequences of a conviction.
There are timing requirements to litigate a Section 1473.7 motion. After
receiving either: (1) a notice to appear in immigration court, (2) other
notice from immigration authorities, or (3) after a removal becomes final
asserting the conviction or sentence as a basis for removal, this motion
must be filed with “reasonable diligence.”
If the motion is successful, the plea is withdrawn and the conviction ceases
to exist. The matter may still need criminal representation to seek a
jury, a dismissal, or an alternative plea agreement in order to eliminate
the immigration consequences.
As of January 1, 2016 new laws have taken effect that can help immigrants
seeking post-conviction relief (Penal Code sections 1203.43 and 1016.2)
Call us now for a free consultation!
Immigration issues — Our firm can help you deal with issues resulting from criminal
convictions affecting immigration and citizenship, including deportation,
exclusion, and denial of naturalization
Travel restrictions — If you are facing foreign travel restrictions, contact us for help
Litigating sentencing matters — Post conviction, our Pasadena defense attorney can assist you in
litigating the reduction of a felony charge to misdemeanor charge, in
some cases we can also reduce prison sentences
Expungement — Contact our firm for help in expunging convictions under the allowances
detailed in California Penal Code 1203.4 and 1203.43
Employment matters — We may be able to help you improve employment opportunities that
may be currently hindered by a criminal conviction
Some particular motions and Penal Codes that have very beneficial effects
for immigrants are the following:
- Motion per "Proposition 47" to reduce a felony charge to a misdemeanor
- Motion per Penal Code section 17(b) to also reduce a felony to a misdemeanor
- Motion per Penal Code section 17(d) to reduce a misdemeanor to an infraction
- Penal Code section 18.5 which limits the maximum sentence on misdemeanors
to 364 days of jail
- Motion per Penal Code section 1203.4 to dismiss a conviction (also known
as an "expungement")
- Motion per Penal Code section 1016.5 to Vacate a Plea
- Motion per Penal Code section 1203.43 to eliminate a plea and "conviction"
for successfully completed DEJ cases
Trusted and Respected Legal Counsel Striving to Provide the Best Representation
At Escovar & Avila, LLP, we care about our clients and work hard to
help them through every stage of their cases. If you have been convicted
of a crime anywhere in California, get in touch with us right away so
that we may discuss with you how we can help you!
Whether you need representation in a criminal case, or assistance in one
of the post-conviction areas listed above,
contact our criminal defense team for a
free consultation at 626.577.7700.