According to the National Registry of Exonerations, only 129 falsely convicted individuals were exonerated in 2020. Also, between 1989 and 2020, the registry has recorded 2,737 exonerations in the U.S. Five of the exonerations were in California. Twelve of the exonerated individuals were below 18 years old when they were falsely convicted.
Even today, the real criminals are free to do what they want while thousands of individuals are in prison for crimes they didn’t commit. This means that if you’ve been falsely convicted of a crime in California, you will still have to carry the trauma of imprisonment and the consequences of having a criminal record.
Put simply, a false conviction will wreak havoc in your life and the lives of your loved ones. This is why you should fight aggressively to defend a false conviction.
How to Fight a Wrongful Conviction in California
Fortunately, falsely convicted individuals in California can appeal a conviction judgment, except on a nolo contendere or guilty plea. Despite this, however, appellate courts are not obligated to review what they consider frivolous appeals. So if an appellate court finds arguable issues in the falsely convicted individual’s appeal, the court has the right to reject the review.
Likewise, the appellate court’s pleading requirements are very complex and specific. For instance, if false evidence was the basis for the conviction, the appellant must prove that it was false and significantly proved the issues of punishment or guilt. Or, if the false conviction’s basis was erroneous identification, the convicted individual can request the court to approve a DNA test.
The motion must also clearly explain how the erroneous identification was an issue and why there’s a reasonable probability that a DNA test would have been in favor of the defendant during the sentencing or trial. Also, the motion must identify what evidence needs to be tested, the particular type of DNA testing requested, and any previous DNA rest results. In short, the motion must show that there’s biological proof that points to another individual other than the falsely convicted as the real perpetrator.
With this in mind, it is immensely crucial to work with a skilled criminal defense lawyer as quickly as possible, even before any charges have been filed against you, to prevent a false conviction. But if you’ve been falsely convicted and exonerated, our experienced Ventura, CA, wrongful conviction lawyers can also help you pursue compensation from the state through an Erroneous Conviction Claim.
Consult with a Skilled Ventura, CA, Criminal Defense Lawyer Today
If you or a loved one was wrongfully charged or falsely convicted, do not hesitate to get in touch with The Law Offices of Bamieh& De Smeth, PLC, to explore your legal options. Our Ventura, CA, criminal defense lawyer will fight tirelessly to make sure that you will not end up in prison and lose many years of your life for a crime you are not guilty of. Call us at 805-643-5555 or contact us online to schedule your free case evaluation today.