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Post Conviction Relief

Post-Conviction Relief

Wrongfully convicted or sentenced? File an appeal.

After a person has been convicted and sentenced for a crime, he or she may believe that there is no hope and that the sentence must be served. Fortunately, there is still opportunity to seek justice after sentencing. California state law allows convicted individuals to file a petition for post-conviction relief if the individual believes that their rights were infringed upon during trial, or that they compelling evidence has come to light, such as DNA evidence, an admission of guilt by another party, or any evidence that was illegally withheld by the prosecutor or police or investigators that would have likely impacted a decision by a jury.

Your Santa Rosa criminal appeals attorney must draft a brief, a complex document that must be accepted by the appellate court. Not only must this brief clearly state any violation of criminal procedure or other legal issue regarding your conviction, there is very little time available in which to present these documents.

The appeal will require extensive research into case law, and a full study of the entire transcript of the trial. The skills necessary to draft a brief in an appeal go beyond what most law firms are prepared to get involved in.

Get Michael A. Fiumara and Team on Your Side

The key to winning an appeal begins with the superior quality of the brief filed. There are cases in which an offender was sentenced illegally (beyond the sentencing guidelines of the state) or excessive, based upon the actual crime, or in which there were errors made by the prior defense attorney, prosecutor or judge, or when jury misconduct took place, among other potential valid reasons for an appeal to be granted.

Our team of distinguished trial lawyers has extensive experience in appellate court. Our firm has successfully filed appeals for those who have been wrongfully convicted or sentenced, and has the knowledge and skill to assist you. As time is of the essence, we urge you to contact us immediately. You have only 30 days from the time of your sentencing to start the appeals process. In some cases, a conviction will be overturned. If you were wrongfully convicted, you need to contact our firm immediately.

We are an innovative firm that employs unique and creative methods to defend our clients, and are highly skilled in preparing briefs in criminal appeals. Our attorneys have authored a large number of legal publications, and are often called upon for legal commentary in local and national news, and are frequent lecturers in criminal law in The North Bay. You can trust our knowledge and experience when searching for the best Santa Rosa appeals lawyer to help you take action. Fill out our free case evaluation form at once, or call us directly at our firm.

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Case Results

  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • POSSESSION OF METH- DISMISSED
  • FELONY ARSON- RESOLVED
  • RESISTING ARREST- RESOLVED
  • POSSESSION OF MARIJUANA- REDUCED
  • PROBATION VIOLATION- RESOLVED
  • POSSESSION OF COCAINE- REDUCED
  • CONCEALED WEAPON- DISMISSED
  • DRUNK IN PUBLIC- RESOLVED
  • JUVENILE DRUG/WEAPON- RESOLVED
  • FELONY RAPE- REDUCED
  • DUI- Hung Jury
  • SOLICITATION OF PROSTITUTE- DIVERSION
  • POLICE EVADING- REDUCED
  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • FURNISHING ALCOHOL/MINOR- RESOLVED
  • RESISTING ARREST- DISMISSED
  • ACCIDENT DUI- DISMISSED
  • CANNABIS CHARGES- REDUCED
  • DOMESTIC VIOLENCE- DISMISSED
  • DRUNK IN PUBLIC- DISMISSED
  • PUBLIC INTOXICATION- DISMISSED
  • JUVENILE CASE- DISMISSED
  • PROSTITUTION SOLICITATION- DISMISSED
  • ASSAULT & BATTERY- DISMISSED
  • ARSON- RESOLVED
  • PETTY THEFT- COMMUNITY SERVICE
  • POSSESSION OF NARCOTICS- DISMISSED
  • FELONY MARIJUANA- MISDEMEANOR
  • FELONY WEAPONS POSS.- REDUCED
  • Felony Assault - JURY ACQUITTAL
  • Domestic Violence - JURY ACQUITTAL
  • Felonies - REDUCED to 1 MISD.
  • Felonies - REDUCED to 1 MISD. NO JAIL
  • Sex Felonies - REDUCED/NO JAIL
  • Prostitution - DIVERSION/NO JAIL
  • 2nd Theft - DISMISSED
  • Drug Felonies - NO JAIL
  • Driving Misd - REDUCED TO INFRACTION
  • Resisting Arrest - DISMISSED
  • Juvenile Sex Felonies - DIVERSION
  • Multi-ED CODE Charges - REMAIN IN SCHOOL
  • 3 VOP'S - ALL DISMISSED
  • 1st Degree Burglary - REDUCED

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I rarely need an attorney but when I have, Michael has been very attentive to detail, hard working and imaginative. One time when other attorneys essentially refused the work, saying I should walk away from the issue, Michael and his team were able to find a solution to the problem with very positive results
- Criminal Defense Client
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