Many problems or issues can arise after you have been convicted at trial or have chosen to plead guilty in your case. Some of these may have been avoided if your attorney had talked to you about them sooner. Now, you may need a new or different criminal lawyer to examine the circumstances. Donna L. Connally, premier criminal attorney in Rancho Cucamonga and San Bernardino, has helped clients with every one of the issues presented here. Contact her today for a free consultation about your unique situation.
WITHDRAWING A GUILTY PLEA
Many people have second thoughts about their guilty plea after it is all done. Sometimes, you may have a good argument to turn back the clock and withdraw that plea. Honestly, this is not an easy “win.” To be successful in an attempt to withdraw the plea, your specific circumstances have to meet some narrowly-drawn criteria.
MOTION FOR NEW TRIAL
If you went to trial and lost, the next thing you want to consider – before you are sentenced – is a motion for new trial (“MNT”). One simple description of a MNT is a first chance at “appealing” some of the things that happened in the original trial. Every case is different. Making a MNT may be a good way to create an additional, official record of trial proceedings.
RESTITUTION HEARING
Restitution is the term for monetary payment a defendant makes to a victim for physical harm, property damage, and any other economic losses. Sometimes, making restitution can be more financially crippling to a defendant than the punishment otherwise received for the conviction. Two types of cases should raise questions about how your restitution is handled: (1) A case in which you are one of several defendants; and (2) Any case that may have immigration consequences.
VIOLATION OF PROBATION
You are entitled to a court hearing, with witnesses and evidence, before a judge decides if you violated your probation. Sometimes the punishment for a violation is much more severe than the original sentence you received. You may have done 90 days in jail, with weekends/work release, and now you are facing state prison. You need an attorney who will fight for you and your rights. At Connally Criminal Law, you will get an honest evaluation about the value of fighting the violation.
IMMIGRATION/EMPLOYMENT CONSEQUENCES
This area of the law is a snake-pit. Immigration and/or employment status can be drastically affected by convictions for many different types of offenses – drugs, violence, theft, threats, and others. Protect yourself early in the court process by consulting with qualified counsel about the potential consequences of being found guilty in your case.
CLEARING YOUR RECORD
Many people and attorneys call this “expungement.” In California, it is really “relief pursuant to Penal Code section 1203.4.” Each case is unique and has to be evaluated for eligibility. Still, the idea is to do everything you can to cleanse the negative entries on your record. And there are ways, such as a Finding of Factual Innocence, to get some items removed. An experienced criminal defense attorney can evaluate your situation.