The result of sentencing may not really mean the ‘end of the world’ for an offender.
This is because there are still post-sentencing options that the offender and his Los Angeles criminal defense attorney can utilize to either reduce the sentence or in some cases, make the guilty party a free man.
Contact the Law Offices of Ramiro J. Lluis for a free consultation about you or your loved one’s case.
The following are post-sentencing options and their descriptions:
Motion for a New Trial
In the event that the offender and his Los Angeles criminal attorney feel dissatisfied with the trial results, a motion for a new trial may be put forward.
The motion for a new trial is part of the post-sentencing options, which may be described simply as the process of requesting to break free from the verdict made by the court.
The motion for a new trial may only be granted to the offender if he and his Los Angeles criminal lawyer filed the motion because of a significant error in the way the case was handled, the discovery that there was evidence was left behind, or new admissions that may be significant to the case.
A Los Angeles criminal attorney has to file the said motion within 7-30 days after the end of the trial, with the motion for a new trial either granted or denied prior to the filing of an appeal.
Withdrawal of a Guilty Plea
There may be cases wherein the defendant immediately pleads guilty. However, it is still possible for the defendant to ask for a withdrawal of a guilty plea especially if the defendant and his Los Angeles criminal attorney find data that shows the guilty plea as an adjust one. The court may grant the withdrawal of a guilty plea for as long as the judge and the jury realize that holding the defendant to his guilty plea is an injustice.
A situation wherein the withdrawal of a guilty plea occurs is when the defendant was forced to plead guilty by arresting officers by torturing him to do so. Another example could be pleading guilty because of the police officers’ claim that a heavier sentence will be given to the defendant if he does not plead guilty to the case.
One of the most famous situations which may bring about the withdrawal of a guilty plea is when the defendant is not informed of his rights, especially that he could utilize the services of a Los Angeles criminal lawyer and that he may challenge in court whatever charges were filed against him. This actually shows that upholding our so-called Miranda Rights is a requirement.
Appeal
An appeal may be considered as a right that the court cannot refuse to listen to. A layman’s definition of an appeal is that it is a formal request for the judge and jury’s verdict to be revised.
An appeal is heard on an appellate court or the court of appeals. The person who requests an appeal is called the petitioner or the appellant.
To begin an appeal, a notice of appeal form must be completed by the appellant or his Los Angeles criminal lawyer.
The appealing party usually has the aim of their case being reconsidered more often than not because of an error in the lower court’s decision.
The ‘winning party’ during the lower court trial is called the ‘appellee’ and is required to respond to the appellant’s appeal petition, present arguments, etc.
An appeal may be viewed as a way of turning the tables on the party who ‘enjoyed victory’ during the lower court trial.
The appellate court will have the duty of reviewing the evidence presented in the lower court and looks into how the trial was handled.
The appellate court will then decide on whether or not the lower court gave a sound decision. If the appellate court sees an error in the lower court’s decision, it may revise the sentence, or totally nullify the lower court’s verdict.
If no error is found, the appellate court will just affirm the correctness of the lower court’s decision.
Modification of Sentence
The motion for the modification of sentences is also part of the post-sentencing options in a court procedure.
The modification of the sentence is based on two steps.
- The first one is for the defendant and his Los Angeles criminal defense attorney to exhibit that a new factor does exist by relying on clear evidence.
- The second step is this: upon presentation of the new factor, the court will then have to decide on whether that factor could be used for sentence modification.
A new factor refers to facts that may not have been known during the trial court hearing or may have been present but are things that all parties may have failed to recognize.
Post-conviction relief
Some people may believe that paying the fine completely or serving time because of being convicted of crime ends there.
This is usually not the case because there are certain implications of being an offender that many convicted people may have to live with.
With the so-called post-conviction relief, however, there may still be hope for a peaceful life.
Post-conviction relief refers to the regulations and processes that may help ensure a better life for people convicted of crimes. It is a fact that being convicted of a crime is something that you cannot really hide from people.
Even after you’ve served your sentence, people will still find out that you have had a conviction.
Because of this, there may be some benefits that you may not be able to enjoy such as not being given a license to drive (for Driving Under the Influence offenders), minimal employment opportunities, etc. However, with post-conviction relief, these negative effects may be improved.
Post-conviction relief options may actually vary based on the gravity of the offense and your age e.g. whether the offender is a juvenile or an adult. For a better understanding of post-conviction relief, consultation with a Los Angeles criminal defense lawyer may be necessary.
