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Post-Conviction Relief in Orange County

Many individuals regret entering a plea of guilty. This can be for a number of reasons. Some individuals truly want to fight the charges, because they know they are not guilty of the alleged crimes. More often, however, individuals realize that the consequences of their guilty plea are much harsher than expected. For example, some of these individuals realize that their guilty plea now has adverse consequences on their immigration status; some face deportation, others cannot naturalize and become a United States citizens.

Others realize their job licenses are affected, or that they are no longer employable because of the crime they pled guilty to. All hope is not lost, and an attorney specializing in post-conviction relief can evaluate your case to explore avenues of relief to determine whether you should attempt to vacate your plea or judgment. Note that in many of these cases, time is of the essence, and you should meet with an Orange County immigration attorney immediately to evaluate your case.

Below are some examples of when post-conviction relief may be granted:

  • The court, or your lawyer, failed to adequately advise you regarding the immigration consequences of your guilty plea. The court is mandated to specifically state the immigration consequences you face. If the court has failed to discharge this duty, you may be eligible for relief. In other situations, the court has advised the defendant about the possible immigration consequences, but their lawyer has made representations to the contrary.
  • It is not uncommon for criminal defense attorneys to fail to adequately represent you in an effective and competent manner. Some attorneys fail to properly investigate your claim, obtain necessary discovery, and analyze all applicable defenses. In these scenarios, you may also be eligible for relief.
  • Another common ground for post-conviction relief is if new evidence is found that would materially affect the outcome of your case. This mostly arises when new witnesses come forward or new evidence is found, or if it is learned that the prosecution has withheld exculpatory evidence.
  • Finally, it may be advisable to appeal the entire conviction. This will require a thorough examination of the record for errors of law and possible abuse of discretion by the judge.

If you think you may be eligible for post-conviction relief, contact an experienced post-conviction relief attorney immediately. Many grounds for relief have specific deadlines, others do not. In general, however, post-conviction is usually an uphill battle, but a battle worth pursuing in light of the unintended consequences you now face.

The Law Office of Ashkan Yekrangi, P.C. proudly serves Orange County and the cities therein, including Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Corona Del Mar, Dana Point, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Lake Forest, Mission Viejo, Newport Beach, Orange, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster and Yorba Linda.