Many people assume that once a verdict is delivered and a sentence is handed down, the legal process is over. But the criminal justice system offers several avenues for challenging a conviction or seeking relief after sentencing — and for defendants in Santa Clara County, CA, those options can make a meaningful difference. At Simmons Wagner, LLP, we help clients explore every available path forward, because a conviction is not always the final word.
What Is Post-Conviction Relief?
Post-conviction relief is a broad term that covers a range of legal remedies available to individuals after they have been convicted of a crime. These remedies are designed to address situations where something went wrong during the original investigation, trial, or sentencing — or where new information has come to light that could change the outcome of a case.
The most common forms of post-conviction relief in California include appeals, motions to vacate a conviction, petitions for habeas corpus, sentence reductions, and expungements. Each serves a different purpose and applies under different circumstances, which is why working with an experienced attorney is essential.
Appeals: Challenging What Happened at Trial
An appeal is not a new trial. It is a review of the original proceedings by a higher court, focused on whether legal errors occurred that affected the outcome. Common grounds for appeal include improper admission of evidence, ineffective assistance of counsel, prosecutorial misconduct, or incorrect jury instructions.
If the appellate court agrees that a significant error occurred, it may reverse the conviction, order a new trial, or reduce the sentence. Appeals must be filed within strict deadlines, so it is critical to act quickly if you believe grounds for appeal exist. Simmons Wagner, LLP has experience crafting persuasive appellate briefs that give clients the strongest possible chance at a favorable outcome.
Motions to Vacate and Habeas Corpus Petitions
When new evidence emerges after a conviction — evidence that was not available at the time of trial — a motion to vacate may be the appropriate remedy. Similarly, a petition for habeas corpus can be filed when a defendant is being held in violation of their constitutional rights, whether due to ineffective counsel, newly discovered evidence, or other grounds.
These are powerful tools, but they require careful legal strategy. Courts do not grant these petitions lightly, and the arguments must be precise, well-supported, and filed in the right court at the right time.
Sentence Reductions
Even when a conviction stands, it may be possible to seek a reduction in the sentence imposed. California law allows for certain modifications based on changes in the law, good behavior, rehabilitation efforts, or other compelling factors. Simmons Wagner, LLP evaluates each client’s situation individually to determine whether a sentence reduction is a realistic and worthwhile pursuit.
Expungements: A Fresh Start
For eligible defendants, expungement offers the opportunity to have a conviction dismissed from their record. While not available for all offenses, expungement can remove significant barriers to employment, housing, and professional licensing. We guide clients through the petition process and advocate for the best possible outcome in court.
Taking the Next Step in Santa Clara County
If you or someone you care about is living with the consequences of a conviction in Santa Clara County, it is worth finding out whether post-conviction relief is an option. The process can be complex, but the potential benefits — a reduced sentence, a vacated conviction, or a cleared record — are well worth exploring.
Contact Simmons Wagner, LLP at (949) 439-5857 to schedule a consultation and learn what options may be available in your case.