The short answer to this question is Yes, for state court cases. A recent ruling by the Supreme Court has cut back a defendant’s ability to challenge their convictions in federal court by taking away the argument that their lawyers were incompetent in the state court proceedings. A federal court considering a habeas corpus petition “may not conduct an evidentiary hearing or consider evidence beyond the state court record based on ineffective assistance from state post-conviction lawyers.” A habeas corpus petition is typically used to determine if the person’s imprisonment or detention is lawful. It can also be used to examine any extradition processes used, the amount of bail, and the jurisdiction of the court. The minority side of the Supreme Court’s decision argued that this “will leave many people who were convicted in violation of the Sixth Amendment to face incarceration or even execution without any meaningful chance to vindicate their right to counsel.”
However, this is not the case for state courts in California. If you believe your conviction in California state court was based on representation by incompetent lawyers, then you can still file a motion to set aside your conviction. The purpose of a motion to set aside a conviction is to try and get your case to start over and be retried from the beginning. A defendant must show that there is good cause for a judge to accept the motion, which can be done by proving you had incompetent counsel during your case. Some examples of incompetent counsel can be that the defendant’s lawyer did not offer proper legal advice regarding all the consequences of a plea deal, did not properly investigate the defendant’s case, and encouraged the defendant to take a plea deal that was not in their best interest.
Contact An Experienced Wallin & Klarich Defense Lawyer Today
If you or a loved one were represented in a case where you did not get the results you were looking for, it may have resulted from incompetent counsel. There are many situations where defendants get penalized for poor representation and that should no longer be the case. Wallin & Klarich have been representing those accused of various crimes for over 40 years. We have a history of success in the courtroom and have helped thousands of clients avoid jail time. If you are afraid of hiring a lawyer who will not put your best interest first then check out some of our most notable cases on our website. We will help you stay confident that we are the correct choice when fighting for your rights and freedom.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, there is an experienced Wallin & Klarich criminal defense lawyer available near you who can aggressively defend you. If you or a loved one is facing criminal charges, give us a call and we will do all we can to help you win your case.
Call us today at (877) 4-NO-JAIL for a free telephone consultation. We will get through this together.
