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In fact, The Nieves Law Firm has had multiple published opinions by judges related to our legal work in this specific area of the law. We have helped clients get previous convictions removed from their criminal record because they were facing immigration consequences and for individuals who were convicted of a crime while they were a victim of human trafficking. Our Experience with Motions to VacateĪt The Nieves Law Firm, we have ample experience filing motions to vacate a criminal conviction on behalf of clients, and we’ve been successful in our pursuit of this very specific type of relief. It is also possible that the case may be dismissed in its entirety if there is insufficient evidence to sustain a conviction after the passage of time. This typically occurs when the law changes in a way that makes a previously illicit activity no longer illegal, or if a witness named during a trial recants their testimony.
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When a motion to vacate a conviction is based on the discovery of new evidence, the guilty finding may be totally dismissed.
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It is also possible that once vacated the matter could be dismissed altogether. While this case may still result in a conviction, any consequences for the previous guilty finding would be terminated and the new conviction may be immigration safe. A successful motion to vacate a guilty plea could allow a defendant to withdraw their previous plea and continue their case with a not guilty plea.
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In its simplest terms, a motion to vacate is a formal request made by an individual who was already convicted by a court. En Español What is a Motion to Vacate Under Penal Code 1473.7? If retained, your attorney could help you understand your rights under California law and pursue a motion to vacate that could help not only your current situation, but also your future. Our highly accomplished attorneys could help protect your rights and develop a comprehensive legal plan of action. Our firm’s experience handling motion to vacate cases has resulted in multiple published opinions on the subject. This could be because the conviction was based on an uninformed guilty plea (such as pleading guilty without understanding the immigration consequences), because the conviction was rendered illegal by changes in the law or new evidence that came to light after your trial concluded, or because your conviction was a direct result of actions you took while the victim of human trafficking. In short, this opportunity could arise if you have a legal basis to ask the court to throw out your conviction. In certain situations, you may be eligible to petition for a motion to vacate your conviction. Motions to Vacate a Criminal ConvictionĪ previous criminal conviction does not mean that your only option is to accept the punishment issued by the court. We serve clients throughout the entire state of California. A successful motion to vacate will overturn a prior judgement, order, or sentence from the court, eliminating the negative repercussions of your conviction. Are the consequences of a prior criminal conviction holding you back from your true potential? Don’t let them.