The criminal justice system can dramatically change your life after facing trial and conviction for an alleged charge. While the assigned prosecutor works towards establishing your guilt beyond a reasonable doubt during the trial, some oversights may undermine the process.

Based on this, you may be entitled to apply for vacating or setting aside your conviction. The goal is to request the court for a fresh trial, where you will have a new chance to present your position. Applying for a conviction can be a rigorous process, requiring you to work closely with a skilled criminal defense attorney for better chances of a favorable case outcome.

At California Criminal Lawyer Group, we dedicate ourselves to providing excellent legal services geared toward helping you obtain a vacated conviction. The team comprises highly skilled attorneys who understand the importance of raising an application as soon as possible to help you present justifications for why you need a fresh trial. Further, we can gather evidence and conduct thorough research on your case for a more compelling case. Our services are available to anyone applying for setting aside or vacating a conviction in Fresno, California.

What Vacating or Setting Aside a Conviction Entails

As a suspect, you are subject to a criminal trial soon after your arrest. The trial process involves the prosecutor presenting evidence against you to demonstrate your guilt beyond a reasonable doubt. On the other hand, you will have a chance to present defenses to counter the prosecutor’s accusations during the defense hearing.

If the judge finds the prosecutor’s argument more compelling, you will be found guilty and subject to criminal penalties based on the nature of your offense. Since the nature of the trial process is predetermined, it should be fair and smooth for both parties. However, you may face an unfair trial for various reasons, warranting an application to vacate or set aside your conviction.

Vacating a conviction involves requesting the nullification of a judgment entered against you based on an unfair procedure or unknown facts beforehand. You are entitled to apply for the orders if you strongly believe your trial may have ended in a favorable outcome if different circumstances were present during the hearing.

The main goal of requesting the judge set aside your conviction is to restart the trial process while incorporating the new circumstances. Since you only have a limited opportunity to apply for setting aside orders, you should work closely with a criminal defense attorney to ensure your application is clear and justified.

You must also be ready for the application procedure, which involves obtaining a lot of evidential sources and tracing procedures in your previous case that you believed to be unfair. With a reliable criminal defense team, your work will be easier, as you only need to provide supporting information as your attorney handles the main paperwork.

Applying for Vacating or Setting Aside Under Different Penal Codes

Before the court accepts your application to have your conviction vacated or set aside, you must justify the request under a specific penal code provision. Doing this is critical, as it grants you legal backing as you seek redress for the previously decided case.

Your criminal defense attorney provides sufficient information on the two main penal code provisions to rely on when applying, and each is only suitable in specific circumstances. The two Penal Code justifications for filing a motion to set aside a conviction are:

  • Filing for a Vacated Plea Entry Under Section 1018 of the Penal Code

Before the trial formally begins, the presiding judge asks you to take a plea as a confirmation or denial of the charges. Pleading guilty means that you accept the charges you face, making it unnecessary to hold a trial. Subsequently, the judge proceeds with sentencing based on the accusation you faced.

On the other hand, you may plead not guilty, meaning that you deny the charges you face. A trial is, therefore, necessary in this case to ensure the judge hears both parties’ arguments before reaching a formal verdict.

Pleading guilty often comes with lenient sentencing terms, and the prosecutor may push you into accepting the criminal accusations on the promise of this. The situation will likely occur in a plea bargain settlement, where you will sign a document admitting fault in exchange for a lower prison sentence or probationary terms.

Although a plea bargain may seem advantageous, it places you in a disadvantaged position as an accused in the long term. For example, you forfeit your right to trial because of your admittance to guilt, meaning that the presiding judge cannot assess your position accordingly.

Further, since you forfeit the right to trial, you may have eased the prosecutor’s work to prove your guilt beyond a reasonable doubt. You will, therefore, accept whatever judgment is issued without fully assessing whether they have successfully pushed for your conviction.

Based on these considerations, you can file a motion to vacate your plea of ‘guilty’ or ‘no contest to the charges’ under justifiable grounds like:

You Lacked Legal Representation When Taking Plea

Since arrest and court arraignment often occur quickly, you may not secure a criminal defense lawyer’s services when you take a plea. Being unrepresented during your first court arraignment makes you vulnerable to the prosecutor's presence, and you are more likely to be intimidated into accepting the charges.

Therefore, presenting an application to vacate the previously entered plea of not guilty or no contest is justifiable. Your defense attorney can retrieve previous court records that verify your lack of legal representation, indicating your lack of a proper reference point in making your decision.

Your Defense Attorney Demonstrated Incompetence in Performing Duties

Alternatively, you may have the required legal representation when taking a plea, but your attorney may perform their role substandardly. Consequently, they may still expose you to an unfair criminal case outcome based on their inability to meet your needs.

One of the arguments you may raise is that your attorney acted in a manner prejudicial to your case, meaning that they made you seem guilty. They may have done this by engaging with the prosecutor to negotiate a plea deal even before the prosecutor indicated the need for one. Doing so signals that you, as the accused, are in the wrong, and the prosecutor may take advantage of this position.

Your previous criminal defense attorney may also act prejudicially by blatantly admitting incriminating facts to the prosecutor or other judicial officers. In doing so, they make it easier to hold you guilty, forcing you to accept the charges you face unfairly.

You may have also worked with an attorney who used questionable legal practices that disadvantaged you. For example, if your lawyer violated court rules by disrespecting the judge and prosecutor handling your case, they may have been dismissed, leaving you to take a plea by yourself. The attorney’s conduct is thus a reasonable justification to request the court for another chance at taking a plea.

Further, the previous attorney may have breached the laws of evidence applicable in criminal cases, making it difficult to proceed with a fair trial. For example, if the attorney failed to disclose evidence that would have reduced your chances of conviction, you can raise the issue in your current application to set the conviction aside.

Similarly, you may request to vacate conviction orders if your previous attorney breached ethical regulations. For example, client-attorney privilege requires lawyers to keep conversations with their clients private, mainly because it could incriminate them and invalidate the trial. If your attorney violated the privilege, it may have forced you to accept criminal charges and face a conviction unfairly.

Your criminal defense attorney should also always work in your interests, including in the legal strategies they implement. If your previous attorney introduced questionable legal strategies that undermined your access to a fair criminal process, you can rightfully present an application to set aside your conviction.

You Pleaded Guilty Under Duress or Fraud

Pleading guilty results in forfeiting your right to a fair trial and accepting the criminal charges pressed against you. Since these outcomes often result in less work for the prosecutor, an unethical prosecutor may coerce or defraud you into pleading guilty.

Coercion occurs in various ways, including using verbal threats of abuse against you or your loved ones if you fail to plead guilty. The prosecutor may present the threats once or several times, making you feel compelled to comply for your safety.

If you intend to rely on a coercion claim for pleading guilty, you must gather sufficient evidence to help demonstrate the position you were in. Examples of useful evidential sources include audio recordings, surveillance footage, or witness testimonies of the prosecutor issuing threats.

Duress also involves similar strategies to force you to plead guilty to the charges you face. The prosecutor may threaten to increase the severity of charges or fabricate evidence to make you seem guilty even if you refuse to plead guilty. Threats to harm your immediate loved ones also count as coercion, as they force you to consider their safety and accept the prosecutor’s demands.

Some cases also involve the prosecutor using fraud to trick you into pleading guilty. Fraud involves using false information or pretenses to obtain benefits unlawfully. It involves tricking a third party to make a decision based on false information, leaving them on the losing end.

For example, the prosecutor may claim to reduce your sentence significantly if you plead guilty, taking advantage of your limited knowledge of the sentencing process. Since the judge still holds discretion on the type of sentence you receive, you will be a fraud victim who believed they would receive a shorter sentence.

During your application, consider including all relevant details of the coercion or fraud you faced. Giving as much information as possible helps you secure a positive case outcome and ensures the unethical prosecutor faces repercussions for their actions.

You Were Unaware of the Consequences of Pleading Guilty

Showing that you were unaware of the consequences of pleading guilty may also help you justify your application to set aside a conviction. The primary reasons for being unaware of the possible outcome include not having a lawyer or having an unethical attorney represent you.

If your previous criminal defense attorney did not provide details on the immigration consequences or the expected jail time for your charge, they left you vulnerable to an unfair case outcome. You can, therefore, seek redress for this by demonstrating your genuine lack of knowledge and the unfair outcome you faced.

  • Filing a Motion Under Section 1473.7 of the California Penal Code

Procedural oversights are also a valid reason to apply for setting aside or vacating a conviction, as provided for under Section 1473.7 of the California Penal Code. Based on this, your criminal defense attorney can file a motion on your behalf, guided by the specific circumstances surrounding your case, to raise your chances of setting your conviction aside.

If you decide to file a motion under this section of the Penal Code, consider identifying the specific error or oversight you faced. Doing so requires you to assess the subsection relevant to your claim, and you will find the information with the help of your criminal defense attorney.

Some important justifications for filing a motion to set aside or vacate a conviction include:

You Faced a Prejudicial Disadvantage Based on the Court’s Error

Although the criminal process is straightforward, some errors may occur and expose you to prejudice throughout the trial. The reasons for exposure to prejudice vary, so your defense attorney should carefully assess your previous circumstances to establish the main issue needed for redress.

For example, if the presiding judge in the previous case failed to highlight your rights as a respondent before the trial began, you can rely on this as justification for the application. The judge should inform you of your right to legal representation and not to give incriminating information during cross-examinations.

Failure to understand the information before trial may leave you disadvantaged, as you do not have access to a lawyer to advise and represent you. Further, you may feel intimidated into providing incriminating information because the judge did not provide the necessary information in advance. A vacating order must ensure you receive a fresh trial with the necessary information.

Alternatively, you may present your application based on a prejudicial error made by your previous attorney. Their actions may have directly impacted the trial, resulting in a guilty verdict. For example, if the criminal defense attorney did not perform their investigatory role sufficiently, they may have prepared a substandard argument.

Since the judge and jury assess the weight of the prosecutor's and defense’s arguments, having a substandard defense leaves you on the losing end. You can apply to vacate or set aside the conviction based on the lack of proper legal representation, allowing you to challenge the accusations afresh.

Your attorney should also advise you on the possible consequences of immigration if the judge finds you guilty. The information they provide should be detailed and tailored to your specific circumstances to help you better understand the outcomes. If you lacked a proper explanation of the possible case outcomes, include the reasons in your claim file to help you increase your chances of a retrial.

Your Conviction was Based on Discrimination

Facing discrimination involves receiving different treatment than everyone else based on personal characteristics. The differential treatment is often to your detriment, as the discriminating party aims to prevent you from seeking the same opportunities or leniency as others.

Discrimination in a criminal conviction may arise if the judge makes prejudicial determinations based on your ethnicity, race, nationality, and social status, among others. You can, therefore, apply to set aside the conviction on discriminatory grounds and use Section 1473.7(a) of the Penal Code as your justification.

When preparing your case, you should gather as much evidence as possible from the previous trial proceedings to support your case. For example, if you face racial discrimination, your defense attorney can present your judgment orders and compare them to those of other convicted persons of different races.

If sufficient data is available to justify that you faced harsher penalties based on a discriminatory trend by the judge, you have better chances of receiving a setting aside order to pave the way for a fair trial. The same strategy applies if you face discrimination based on your nationality. The discrimination may become apparent based on the stern immigration consequences you face as a citizen, prompting you to seek a conviction vacation.

New Evidence is Available and Could Change Your Case Outcome

Some trials conclude without the defense presenting all the intended evidence, resulting in an unfair conviction. Reasons related to delayed evidence presentation vary based on the prevailing circumstances at the time. For example, if you could not receive authorization from an office that held important documents for your case, it may have delayed your access and affected the intended defense.

Alternatively, a malicious party may have deliberately denied you access to the evidence, resulting in a delay. If you only discovered this after the trial concluded, you can raise the issue in your application to set aside the conviction.

When presenting your application, you should know the various factors the judge considers before accepting your claim. The information can be pivotal in making a more compelling argument and persuading the judge to issue the setting aside order.

Among the most important considerations is whether you present new evidence, meaning the court did not previously consider it. The judge may check previous court records to ascertain that no parties mentioned the details of the new evidence, making it necessary to restart the trial.

Further, the judge must consider whether the new evidence has probative value for your case, including whether you are likely to overturn your current conviction. If the evidence changes the course of your case, the judge must accept your application to give you an opportunity for a formal presentation. 

You should also demonstrate that the evidence corroborates previously highlighted defenses, making your arguments more credible. Corroborative evidence is similar to information you had previously provided, including witness statements, making your claims more likely to be true. Based on the weight it may add to your case, you should consider filing your application as soon as possible.

What to Do If the Judge Denies Your Application to Vacate or Set Aside a Conviction

Although you may present compelling arguments to justify reasons to vacate or set aside your conviction, the judge may reject them. If so, you can explore alternative options with your criminal defense attorney’s help to ensure you receive the desired case outcome. They include:

  • Filing an appeal directly to the court.
  • Applying for record expungement after you complete your sentence.

Contact a Criminal Defense Attorney Near Me

When you or a loved one faces a criminal conviction, it could significantly alter your life, especially if you face long jail or prison sentences. The situation worsens if you face the conviction unfairly after facing improper procedures during the trial. You can, therefore, rectify the situation by applying to vacate or setting aside your conviction in readiness for a fresh trial. You should work with a skilled team of criminal defense attorneys to help consolidate your arguments in challenging the processes used during trial.

At California Criminal Lawyer Group, you work with skilled and experienced criminal defense attorneys to prepare your application and make it compelling. We aim to highlight the concerning procedures and oversights that you believe caused an unfair hearing outcome to push for a fair trial. Further, we are ready to represent you during the fresh trial to make up for errors and other shortcomings made by your previous attorney. Our services are accessible if you intend to apply for vacating or setting aside a conviction in Fresno, California. For more information on how to undertake the process, call us today at 559-712-8377.