Articles Tagged with criminal appeal

There are different ways a person can challenge their conviction and seek post-conviction relief. In the past few years, the California legislature has made significant changes to the state’s sentencing laws in an effort to rectify the devastating results caused by the state’s tough on crime policies, which have led to harsh and excessively punitive sentences and have had an extremely harmful effect on poor and minority communities. Some of the most often used legal ways to challenge a conviction include direct appeals, Habeas Corpus petitions, and motions to vacate a conviction or a sentence among others.

Following a conviction, the first avenue to seek relief is a direct appeal. Simply put, a direct appeal is a request for a review of the trial record to determine if any errors were committed during the trial. Appeals are very complex and the likelihood of success is very low. However, direct appeals are far from the only option to challenge a conviction or a sentence.

If your appeal has been unsuccessful and you are in either actual or constructive (parole or probation) custody, you can still seek post-conviction relief through a Habeas Corpus petition. The petition can be used to challenge a conviction, sentence, or the conditions of incarceration. Habeas petitions do not have the same strict timelines as a direct appeal and can be filed even years after a conviction. Furthermore, a Habeas petition allows for the introduction of new evidence or information that was not part of the trial record.