Q: I was arrested for somethin I did not do and went to prison how can I reopen my case and change my plea for dismissal
Now im on probation which I should not be on in the first place
A:
If you were arrested and went to prison for something you didn't do and are now on probation, you might have options under California law to reopen your case and seek a dismissal. The first step is to consult with an attorney who can evaluate the specifics of your case, including the evidence, your conviction, and the reasons why you believe you were wrongfully convicted. Legal professionals can guide you through the process, which may involve filing a petition for a writ of habeas corpus if new evidence has emerged or if there was a significant error in your trial.
Another avenue might be to explore post-conviction relief options, such as filing a motion to vacate the judgment under Penal Code 1473.7 if you can demonstrate that there was a prejudicial error affecting your ability to meaningfully understand, defend, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere. Additionally, if your conviction involved any errors or violations of your rights, this could be grounds for reopening your case.
Lastly, it's crucial to act swiftly, as California law has specific time frames for filing these motions or petitions. Gathering all relevant documents, evidence, and any information that could support your claim of innocence is essential. Working closely with your legal advisor, you can navigate the legal system to present the strongest possible case for reopening your case and seeking a dismissal or other forms of relief.
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