Previous Law for Wrongful Convictions
Existing law authorizes a person who has been convicted of a felony, imprisoned or incarcerated, and granted a pardon because either the crime was not committed or the person was innocent of the crime to present a claim against the state to the board for the pecuniary injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Under existing law, if a court grants a writ of habeas corpus but does not find the person factually innocent or if the court vacates a judgment due to new evidence of innocence, the person may move for a finding of factual innocence by a preponderance of the evidence. Existing law requires the board, under any of those circumstances, if the court makes a finding that the petitioner has proven their factual innocence, upon application by the person, and without a hearing, to recommend to the Legislature that an appropriation be made and the claim paid, as specified.
New Law Under SB 269
California’s Senate Bill No. 269 would make those provisions applicable to cases in which newly discovered evidence of actual innocence exists that requires vacation of a conviction.
Existing law requires the claim for compensation for wrongful convictions to be presented to the board within 2 years after the judgment of acquittal, pardon granted, or release from custody.
This bill would instead require the claim for compensation to be presented to the board within a period of 10 years after judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later.
Contact the Attorneys at Wallin & Klarich If You Have Been Wrongfully Convicted
If you or a loved one feel that you have been wrongfully convicted of a crime contact an experienced Wallin & Klarich today. This new law extends your right to request reimbursement from the state to 10 years.
At Wallin & Klarich, we have over 38 years of experience in helping defend our client’s rights and protect their freedom. If you or a loved one believe they have been wrongfully convicted of a crime, contact an experienced Wallin & Klarich defense attorney today.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.