Felony

How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate

How You Can Take Steps To Withdraw Your Guilty Plea in California | 1473.3 motion to vacate Penal Code Section 1473.7 permits a defendant to vacate their plea in two ways: 1) Legal invalidity with actual or potential Immigration Consequences; or 2) Newly discovered evidence of actual innocence. The Court in Espinoza reviews the first one and provided the following guideline below to determine the reasonable probability of prejudicial error:…

Read More
Defense Attorneys

The Difference Between a Motion for a New Trial and an Appeal

The Difference Between a Motion for a New Trial and an Appeal You’ve been convicted of a crime. What are your options now? Your legal battle does not have to be over. There are two options that may be available to you: having your attorney file a motion for a new trial or an appeal. Which of these options is best for you? Motion for a New Trial (PC 1181)…

Read More