Relief From a Criminal Conviction Through Habeas Corpus
There are several bases to overturn or vacate a conviction using a writ of habeas corpus. Two of the most common bases for a writ of habeas corpus are when the defendant received ineffective assistance of counsel or when there is newly discovered exculpatory evidence. Exculpatory evidence is evidence that proves a person is innocent.
At the Law Offices of Anthony J. Pullara, our firm can effectively assess whether a writ of habeas corpus or writ of error coram nobis is a viable means to overturn the conviction. From offices in Torrance, we serve clients throughout the area, including Redondo Beach and Carson. We also assist immigration attorneys across the country seeking to challenge a criminal conviction in California.
A Note About Padilla v. Kentucky
You may have read about a United States Supreme Court case, Padilla v. Kentucky. Padilla was a landmark decision which held that a criminal attorney must advise his or her client if there are immigration consequences to a conviction.
We have successfully litigated Padilla claims and can evaluate whether this applies to your case.
Grounds for a Writ of Habeas Corpus
Examples of ways to vacate or modify a conviction include:
- Ineffective assistance of counsel (wrong advice regarding immigration consequences)
- Newly discovered evidence that points toward innocence
- Improper waiver of constitutional right to counsel
- Denial of an interpreter
- Coercion by a co-defendant to accept package deal
- Lawyer was disbarred or had pending disciplinary proceedings
- Juvenile convicted in adult court
- Statute overturned
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