Post-Conviction Relief - How to Get It
Post-Conviction Relief refers to the legal process by which a person who has been convicted of a crime seeks to challenge their conviction or sentence. This process typically involves filing a petition with the court and presenting evidence to support the claim that the conviction or sentence was obtained in violation of the individual’s constitutional rights.
Some common grounds for seeking relief may include ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence, or errors in the trial or sentencing phase. A post-conviction relief attorney or post-conviction relief lawyer can help the individual identify the appropriate legal grounds.
The process of pursuing post-conviction relief can be complex and time-consuming. It may involve filing multiple petitions, conducting investigations, and presenting evidence in court. A post-conviction relief lawyer can help guide the individual through this process, ensuring that all legal requirements are met.
Dignity
Law
Group
Post-conviction Relief Attorney - Dignity Law Group
At Dignity Law Group, our post-conviction relief attorney Los Angeles team is committed to helping individuals who have been wrongfully convicted or unfairly sentenced. Whether you are seeking a new trial, an appeal, or a writ of habeas corpus, we have the knowledge and expertise to help you achieve your legal goals.
As a leading post-conviction relief attorney Los Angeles law firm, we have helped numerous clients obtain relief from their wrongful convictions or harsh sentences. We work tirelessly to identify legal errors or injustices that may have occurred during the trial or sentencing phase, and we develop compelling arguments for the court that may involve reviewing transcripts, interviewing witnesses, and consulting with experts.
Our post-conviction attorney Los Angeles team provides comprehensive legal services, including filing petitions, conducting investigations, and presenting evidence in court. We are committed to providing compassionate and personalized representation, and we strive to achieve the best possible outcome for each of our clients.
If you or a loved one needs post-conviction relief, our post-conviction relief attorney Los Angeles team is here to help. Contact us today to schedule a consultation and learn more about how we can assist you.
Types of Post-Conviction Relief
Here are some of the most common types:
- Motion for a New Trial – this is a request to have a new trial based on newly discovered evidence, legal errors, or other grounds.
- Direct Appeal – this is a request to have a higher court review the trial court’s decision and determine whether there were any legal errors or constitutional violations.
- Habeas Corpus – this is a request to have the court review the legality of the individual’s detention or sentence and determine whether it was obtained in violation of their constitutional rights.
- Clemency or Pardon – this is a request to the governor or other executive authority to grant clemency or pardon based on the individual’s rehabilitation, good conduct, or other factors.
- Motion to Vacate – this is a request to have the court vacate the conviction or sentence based on legal errors, newly discovered evidence, or other grounds.
- Expungement – this is a request to have the court seal or remove a conviction or arrest from the individual’s record, typically based on rehabilitation or other factors.
- Early Termination of Probation – this is a request to have probation ended early based on good behavior or other factors.
- Commutation – this is a request to have the court reduce a sentence, typically based on rehabilitation or other factors.
- Exclusion from Megan’s List – this is a request to have an individual’s name removed from a public sex offender registry, typically based on rehabilitation or other factors.
- Certificate of Rehabilitation – this is a court-issued certificate that recognizes an individual’s rehabilitation efforts and can help with employment or other opportunities.
- Restoration of Gun Rights – this is a request to have an individual’s right to own or possess firearms restored, typically based on rehabilitation or other factors.
- Sealing of Juvenile Records – this is a request to have a juvenile record sealed or expunged, typically to protect the individual’s future opportunities and reputation.
Each of these types of post-conviction relief has its own specific requirements and procedures, and it is important to work with an experienced post-conviction lawyer in Los Angeles who can guide you through the process and help you achieve your legal goals.
How to Get Post-Conviction Relief
Here are the steps to get post-conviction relief;
- Consult with a Post-Conviction Relief Attorney
The first step to securing post-conviction relief is to consult with qualified post-conviction relief attorneys who have experience in these matters. They can help you understand the legal options available to you and guide you through the process.
- Review Your Trial Transcript for Mistakes or Errors
Your attorney will carefully review the transcript of your trial to identify any mistakes or errors that may have resulted in an unfair outcome. These could include violations of your constitutional rights or errors in the admission of evidence.
- Ensure Appropriate Laws are Applied to Your Case
Your attorney will work to ensure that all appropriate laws and legal elements are applied to your case. If a prosecutor fails to meet the necessary standards of proof, or if there have been changes to the law that could impact the case, post-conviction relief may be warranted.
- Introduce New Evidence or Raise Additional Issues
Your post-conviction relief act lawyer may explore the possibility of introducing new evidence or raising additional issues that could call a guilty verdict into question. This could involve utilizing new methods of collecting evidence or addressing situations where a prosecutor withheld essential information.
- Move Forward with Your Life
Post-conviction relief is not only about securing a legal victory – it is also about helping you move forward with your life. Your attorney may offer options for relief from probation, removal from Megan’s List, sealing of records, and reinstatement of other rights, all with the goal of helping you overcome the challenges of a criminal conviction.
A post-conviction relief attorney in Los Angeles could help you with the entire process.
All You Need To Know About
Rental Properties In LA
Written by Joe Kellener and David Greene based on their insight into the new age court system of rental properties and how it impacts you. This crash course in how rental properties are treated legally, both in court and out of court, and what is and what is not acceptable under the law. Whether you are a brand new property owner/landlord or renter, or you’re someone who’s been in the business for a while, you will find this guide includes the most recent changes to the laws (post-Covid19), and how the laws are adapting on the ground.
What Los Angeles Renters Say About Us
I had a contentious issue with my management company and Dignity Law helped me navigate it! They were great to work with, and I would highly recommend them.
-Thomas Mastro
Joe helped me win my civil case against a former business partner. He stuck by me for 7 years. Thank Goodness its over and justice was served. If it weren’t for Joe showing me what evidence I needed to present, I could have lost my savings.
Geoffrey L.
My family hired Dignity Law Group to evict our tenant who had not paid rent in a very long time and was causing major financial issues for our family. Working with the firm was great, they got the job done. They answered our questions and helped guide through court. Highly recommend!
-Lacie Leslie
My mother and I were pleased how generous, attentive, communicative Joseph was in regards to our case. Thanks to him we had our case settled, sealed & we were highly compensated.
-Candy R.
A year ago, my family and I were in a nasty situation with our apartment complex. I had to talk to a lawyer, and this is when I found Joseph. I told him our problem and he was very honest with what could happen. A year later, it finally got done. Joseph gets back to you. I am happy with his services.
-Michael Lopez
David Greene is super knowledgeable about tenants rights, and more. Very easy to work with. Listens to what you need and gives honest straightforward advice that really helps you make the right decisions. I would recommend him as an attorney.
-Dean B.
It has been a month since we reached out to this firm for assistance. The legal assistant took our intake of the situation we are facing, but no attorney from this firm has reached out to us. We followed up about 1 week and a half ago, but still no luck with speaking with one of the attorneys at this firm.
-Baby Yoda
Our Attorneys
Dignity Law Group
Joseph W. Kellener
PARTNER
Jessica
PARTNER
David R. Greene
FOUNDING PARTNER
Joseph W. Kellener
FOUNDING PARTNER
Jessica
PARTNER
David R. Greene
FOUNDING PARTNER
Frequently Asked Question
Ans: Security deposits have very specific rules and regulations, and very well may be grounds for a lawsuit, but often the amount in controversy is below that of the courts our firm practice in. In Los Angeles, any dispute for $10,000 or less is brought in small claims court, and lawyers can not represent individuals in small claims court. Matters for $10,000-$24,999 are in the limited civil courts, and only some firms litigate in those courts. Matters for over $25,000 are brought in the unlimited civil courts, and the litigation is often more expensive than the amount in dispute. If you have a security deposit claim in excess of $25,000 you can contact our firm to discuss our rates and representation options.
Ans: No. A 3-day notice to perform or quit is not a lawsuit, it is not something that our law firm can take action against, as it is not a legal pleading before the court. It is also constitutionally protected speech, so unless it violates the debt collection laws (if for debt) it is often protected from any action against it. A 3-day performance or quit is a premise that an eviction (unlawful detainer) is then brought to court upon. If you perform, it is no longer viable. If the request is illegal, or untenable, then the lawsuit may fail, but in any event, our firm can not assist you if all you have received is a 3-day notice.
Ans: No. While a lawsuit may be prohibited or against a statute, the covid-protections are not magic wands. The lawsuit does not just go away, instead, the protections act as defenses that still must be presented to the court in defense of the unlawful detainer complaint. For example, if a tenant claims that he/she did not pay rent because of the impacts of covid, the truth of that defense is a question of fact for a jury or judge to decide.
Ans: Most likely no. We do not represent any tenant v tenant or neighbor v neighbor actions, however, in very rare circumstances a landlord/owner may be found liable for the criminal conduct of 3rd parties when the landlord knows of the danger and fails to take any steps to mitigate. These cases are very challenging and holding a landlord responsible for the acts pf a totally unrelated person is challenging and often not realistic.
