Sylmar, CA asked in Criminal Law for California

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

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.