Several post-conviction options exist that are rooted in being able to show that there was ineffective counsel or that there was exculpatory evidence. As a skilled attorney, Anthony Pullara can effectively assess if a writ of habeas corpus or writ of error coram nobis is workable and act swiftly within the required time lines.
A Note About Padilla v. Kentucky
Your immigration attorney may have told you about a United States Supreme Court case called Padilla v. Kentucky. However, Padilla is not always applicable. Our law firm can readily identify if a habeas petition will help in your case.
Writ of Habeas Corpus
Los Angeles attorney Anthony Pullara has a short window of time to file a writ of habeas corpus. It must be filed while the individual is in custody or on probation or parole. If our law firm can obtain the case during this time frame, we can explore the following items and file a habeas petition if the following apply:
- Ineffective assistance of counsel (given wrong advice regarding immigration)
- Newly discovered evidence that points toward innocence
- Improper waiver of counsel
- Individual did not have an interpreter when they clearly should have.
- Lawyer was disbarred or had pending disciplinary proceedings.
- A juvenile was convicted as an adult.
Writ of Error Coram Nobis
When circumstances change, or when new evidence has been discovered after the conclusion of a criminal case, it may be possible to file a writ of error coram nobis in California courts. The writ of error coram nobis is an appropriate procedure for a post-judgment challenge to a guilty plea allegedly induced by mistake, fraud or coercion, or by other facts that overreach the free will and judgment of the defendant.
Writs of error coram nobis may be granted in certain situations, if several legal requirements are met. California law requires that the petitioner must show that some fact existed that was not presented to the court at trial but, if that fact had been presented, the judgment against him would not have occurred. The petitioner must also show that newly discovered evidence was not found in time for him to make a motion for a new trial and that it could not have been known by him or found in time.
Contact Us
To schedule your free initial consultation with a California post-conviction attorney, call us today at 213-784-4504 or contact us online.
Credit cards accepted.
Our Location
Law Offices of Anthony J. Pullara
633 West 5th Street, Suite 2800
Los Angeles
CA
90071
Phone: 213-784-4504
Los Angeles Law Office
