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San Diego Post-Conviction Relief Lawyer

Requesting a Modification of a Conviction or Sentence

Post-conviction relief refers to the legal process whereby a person or their attorney petitions a court, requesting a reversal of a prior conviction or a modification of a sentence. If the court grants the person’s request, it will vacate the prior conviction or modify the sentence. At Rodriguez Law Firm, our criminal defense attorney has successfully helped many clients reverse their conviction or modify their sentence.

Call (619) 332-1703 to schedule a free consultation regarding post-conviction relief at Rodriguez Law Firm today.

Post-Conviction Relief for Immigrants

An increasing number of legal aliens and undocumented immigrants with felony or misdemeanor convictions are being denied the ability to acquire U.S. citizenship or lawful permanent residency due to a prior conviction. Many more of them are being deported by immigration authorities if their conviction is considered an aggravated felony or a crime of moral turpitude.

If you pleaded guilty to a crime that is being used by immigration officials to deny your application for U.S. citizenship or claim that you are deportable because you have a conviction for an aggravated felony or a crime of moral turpitude, then call us.

Our Approach to Immigrant Post-Conviction Relief

We can help lawful permanent residents and undocumented aliens reverse a past conviction if they pleaded guilty without knowing that the conviction will make them deportable, not be allowed re-entry to the United States, or not be able to become a U.S. citizen.

If hired, we begin by collecting and reviewing court records and court transcripts of the proceedings. We can interview witnesses and the former defense attorney so that we can assess if your 6th Amendment rights to effective assistance of counsel were violated. Once we complete our investigation, and if the information supports the basis for the motion, we can file the appropriate type of motion to vacate the criminal convictions or modify the sentence.

Types of Post-Conviction Relief

The leading cases in California for those interested in reversing a conviction have been codified under Penal Code sections 1473.7 or 1016.5. These codes require that the petitioner prove that his or her attorney or the court did not correctly advise them of the immigration consequences before they pleaded guilty.

There are many types of post-conviction relief, including:

  • 1473.7 Motion to vacate conviction – Focus on Attorney misadvised
  • 1016.5 Motion to vacate conviction – Focus on Court misadvised
  • 18.5 Motion to modify sentence
  • 1203.4 Expungement - Dismiss charges
  • 17(b) Reduce felony to a misdemeanor
  • Habeas Corpus motion
  • Motion for New Trial

Ineffective Assistance of Counsel

We’ve heard from many immigrant clients that their initial defense lawyer never told them the crime they pleaded guilty to will be used to deport them, deny them the ability to return to the United States, or never be able to become a U.S. citizen. Unfortunately, the more post-conviction cases we handle, the more we discover that some defense attorneys don’t ask their clients if they are an immigrant before they plead guilty.

The problem is that many criminal lawyers are not familiar with immigration laws and are unable to properly advise a noncitizen client on if the crime will have adverse immigration consequences. Fortunately, there has been a cluster of Supreme Court cases that allows a noncitizen defendant to file what is commonly called a Padilla motion, which is based on the violation of the defendant’s 6th Amendment rights.

If you are currently charged with a crime and you are not a U.S. citizen, then you should call us before you plead guilty. Our office has provided legal advice to many noncitizen defendants or their attorneys before accepting a plea deal. Our goal is to provide the correct information that gives you or your defense attorney the opportunity to make a counter offer that does not make you deportable. You can rely on our post-conviction relief lawyer in San Diego for well-informed advice and strong representation.

If you already pleaded guilty to a crime and it is being used to deport you or prevent you from becoming a U.S. citizen, then call us at (619) 332-1703 for a free consultation where we can discuss your eligibility for post-conviction relief.

Clients Share Their Experience

  • He was extremely patient and professional.

    “Mr. Rodriguez is very knowledgeable and thoroughly explained all the available alternative options.”

    - Agustin P.
  • Thank god we found Mr. Rodriguez's law firm.

    “My mother is elderly, therefore she needed a lot of care and understanding. Mr. Rodriguez provided all of the above and beyond.”

    - Former Client
  • All my documents were carefully submitted after thoughtful consideration to avoid any delays in my immigration case.

    “I want particularly to thank Paralegal Amy C. because she always answered emails right away with clear comments and advises.”

    - Dr. Roberto F. D., PHD
  • This was all a super stressful situation, but after hiring John, I finally felt like the weight was lifted.

    “John was kind enough to take my case on short notice, make phone calls for me to find out if my case had been filed”

    - Leah H.
  • I can say that he is not just a very good lawyer, but a caring person who is willing to help and assist clients to the best of his knowledge and ability.

    “I can tell that he is very knowledgeable and experienced Lawyer, he answers to questions and listens attentively to client's legal concerns and gives good advice.”

    - Arlene C.
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Post Conviction Relief Case Results

  • Removal Proceedings Terminated 18.5 Motion to Reduce Sentence - Eliminating Aggravated Felony

    Sentence reduced to less than one year

  • Removal Proceedings Terminated Habeas Corpus-Felony Child Abuse
  • Post-Conviction Relief Stopped Immigration Client’s Deportation Proceedings
  • Removal Proceedings Terminated Habeas Corpus - Transportation & Possession for Sale
  • Removal Proceedings Terminated 1473/7 Motion to Vacate Conviction - Transportation 11 Kilograms of Meth
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  • John R. Rodriguez Photo
    John R. Rodriguez

    Founding Attorney

    John R. Rodriguez is a San Diego skilled trial lawyer with experience that will make a difference in your criminal or immigration case. His combined experience as a trial lawyer, former police officer, and as a private investigator has culminated into a successful legal career with a proven track record that his clients can rely on. My personal commitment: I grew up in Houston where hard work, doing my best, and fighting for what is right were important values in the Latino community. It is my ...
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Why Choose Rodriguez Law Firm?

Your Success is Our Success
  • Mission

    We are here to help immigrant families live the American dream.  We do this by offering competitive Fees and Payments Plans designed to help you afford our services.

  • Commitment

    Our commitment to our clients will never waiver.  We strive to always provide our clients with professional services and the best legal solutions available.

  • Honesty

    We understand that clients need to trust their attorney.  We work hard to earn your trust by being transparent and honest with our legal advice and proposed solutions.

  • Integrity

    Our integrity is the key to a successful Attorney-Client relationship.  We are committed to always serving your best interest with integrity and respect.

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We approach every case with a unique level of integrity & transparency
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