The primary thing you should remember regarding requests from law enforcement officers for comments or interviews is that you always have the right to remain silent unless you provide basic biographical information such as your name. In addition, you have to exercise your right to remain silent until and except if otherwise advised by an experienced criminal defense lawyer, like those from San Diego Criminal Defense Lawyer.
Retaining an Attorney during Sentencing
Unfortunately, you may be found guilty of your crime in court. Should this happen, our fight will not yet be over. You will be subject to sentencing and have to appear for a sentencing hearing that determines the appropriate punishment for your crime. Whereas various rules and regulations influence a sentencing hearing outcome, judges enjoy strong discretion and reasonably modify your sentence.
Our attorneys may be capable of using the details of your case and mitigating factors to fight for more lenient sentencing options. However, the prosecution will be seeking the highest possible penalty, and you want to have an experienced defense attorney fighting to protect your rights.
Sentencing has to be legal. Should a judge decide to order a sentencing option that goes against the established guidelines, they should have a valid reason for doing so. Our attorney may be capable of helping if your sentence is illegally enhanced.
Alternative Sentencing Options
When you have been sentenced, you can take advantage of various alternative sentencing options based on the facts of your case. Alternative sentencing usually includes probation, allowing convicted offenders to serve time without stepping foot in prison or jail. It may also entail diversion programs meant to rehabilitate given defendants.
If you qualify, our lawyers will argue for probation instead of an incarceration period. While serving your probation sentence, you go back home to your family, friends, and community. Although, you will be under the strict supervision of the court and a probation officer. Bad conduct could lead to the revocation of your probation, and the judge may restore the sentence your crime carries.
A probation sentence also has various terms and conditions you have to comply with for your continued stay out of incarceration. These terms usually include alcohol and drug treatment, community service, educational courses, restitution, or fines, to name but a few. Failing to obey any imposed conditions could mean a prolonged probation period.
The diversion program sentencing option is also available but to specific offenders. Eligibility is usually dependent on the offender's needs and type of the crime. For instance, you may qualify for pretrial diversion if you are found guilty of a nonviolent drug crime, such as simple possession of a small amount of a controlled substance. Diversion programs usually focus much on rehabilitation instead of punishment. Most diversion programs permit the offender's charge to be dropped once they complete the program. Therefore, your conviction will not reflect on your criminal record.
Appealing Your Conviction
Once you have been convicted, you can file an appeal. This is not a new court trial, and you might not submit new arguments or evidence concerning guilt. Rather, an appeal happens when a high-ranking court (appellate court) reviews how your case was prosecuted at the trial court and cross-checks the case for legal mistakes. When you appeal your case, you must state what mistakes you believed happened and why you must be granted another trial.
You have to file your appeal within 60 days after the rendition of the judgment. The appeal can be just about anything. Any matter you and your lawyer brought before the court during trial can be appealed. If you fail to preserve the matter, for example, failing to object to it, you cannot appeal to that issue. Examples of problems you can appeal include improper instructions or proof you know or believe the police obtained unlawfully, and the trial court judge should have suppressed it. Our lawyers can help you appeal your case and will work to ensure you are granted a new trial.
Post-Conviction Relief Attorneys in San Diego
At San Diego Criminal Defense Lawyer, we never stop fighting for the best interests of our clients even after a conviction. If the judge has found you guilty of an offense, post-conviction relief lawyers from our firm will assist you in understanding the options that will help you clean up your criminal record.
Any given criminal conviction will stay on your criminal record until you request its removal. There is no timeframe where it will merely disappear by itself. This may cause trouble for you when searching for new employment, applying for mortgage loans and rental leases, or even enrolling in school. Our post-conviction relief attorneys will diligently explore all the post-conviction relief options available for you so you can start your life on a clean slate.
We will continue our pursuit of protecting your best interests and legal rights by reducing, eliminating, or vacating your conviction to remedy the repercussions of living with a criminal record.
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