This is a time intensive and expensive process however we have experience throughout the United States in the following:
- Illegal waiver of constitutional right to effective assistance of counsel by the court
- overbearing prosecutors in federal court not offering appropriate plea deal
- inappropriate colloquy between the defendant and the court
Did you plead guilty as part of a plea bargain? You may have gotten a bad deal in some cases. A plea bargain may have spared you jail time, but it can have serious consequences. You could, for example, become ineligible for immigration or be unable to get a handgun permit.
There have also been many recent cases in Massachusetts where people are being deported as a result of a conviction that may have occurred on questionable ground. In these sorts of cases, you may want to consider getting your conviction vacated.
Generally, vacating a conviction means that the verdict is set aside. It would be as if the first trial and conviction did not happen. Prosecutors would have the chance to try you again. This means that you would have to go through another round in the criminal trial process. This is difficult of course, but it may be worth it in some cases.
When You Can Vacate Conviction
There are several grounds upon which you can have a conviction vacated:
Ineffective counsel – your lawyer may not have properly advised you regarding your plea deal
Breach of plea agreement
Bias in the court
Misconduct of the jury
Ineffective counsel is usually the most common grounds for getting convictions vacated. If your case does not fit into one of the above, you will not be able to have the conviction overturned. Just feeling you got a bad deal is not sufficient.
Starting the Process
In most states, including Massachusetts, a motion has to be filed in a timely manner that states a valid reason that your conviction should be vacated. If you think that you were wrongly convicted, you will definitely want to have a top defense lawyer working with you.
If you were convicted of a felony and are now facing serious consequences because of it, such as deportation, our attorneys can determine if your case may be eligible to have the conviction vacated. This is of course an expensive process that takes time, but our law firm has many years of experience in these cases, including:
Illegal waiver of constitutional right to effective assistance of counsel by the court
Overbearing prosecutors in federal court not offering appropriate plea deal
Inappropriate colloquy between the defendant and the court
In some cases, vacating a conviction may not be right for you, but we can also explain other options. Call us today for a free consultation.