Tuesday, June 25, 2024

Appeals, Habeas Corpus

All Federal & California State Cases

California Criminal Appeals Lawyers

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Dec 2022 California Law Update on Gang Membership

Gang Membership Does Not Prove Intent to Kill. Call us for more information if this applies to your appeal.

On December 1st, 2022, the Supreme Court of California published its opinion on defendant and appellant Nicholas Hoskins’ appeal in the case of People v. Ware et al. In it, the Supreme Court of California reversed Hoskins’ conspiracy to commit murder conviction, finding that the evidence presented at trial was insufficient to establish the requisite specific intent. This opinion’s primary significance is that it establishes that membership in a gang with a tacit, long-standing agreement to kill rival gang members is insufficient to prove an individual’s intent to participate in those killings.

See this article for our detailed analysis of the gang membership opinion.

We are experienced, we work hard, we care, and we get the best results.
Criminal accusations can be devastating unless dealt with in a discrete, sensitive, professional manner.
Let a specialist & our team of experienced Investigators & Experts help you.

If you have been convicted of or pled guilty to a state or federal crime anywhere in California, please contact the criminal appeals lawyers at the Law Offices of Robert J. Beles to discuss appealing your conviction, challenging your sentence, or moving to set aside your guilty plea.

Criminal Appeals: Examining Legal Issues of Your Conviction

No doubt, you, your family, and your friends are devastated by your conviction. However, we would like to have the opportunity to explain to you that a criminal conviction at trial does not need to be the end of your legal battle.

The criminal trial and appeals attorneys at the Law Offices of Robert J. Beles have extensive experience appealing wrongful convictions, inappropriately harsh sentences, and improper guilty pleas. Robert Beles and Anne Beles are criminal law specialists certified by the State Bar of California Board of Legal Specialization. Through the criminal appeals process, we are prepared to attack the legal issues of your case. As we are trial lawyers ourselves, we are prepared to identify what went wrong in your original trial.

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Wrongful Convictions

Modern scientific analysis of DNA evidence has led to numerous reversals of criminal convictions, even in death penalty cases. Our criminal appeals attorneys utilize all scientific evidence and legal analysis in defense of people who were wrongfully convicted of all crimes. The most common miscarriage of justice is a conviction based upon misidentification of the defendant.

We have experts on that topic.

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Habeas Corpus Writs

“Habeas corpus” is a Latin phrase meaning “bring the body,” which we translate to mean bring our clients home. As criminal appeals attorneys, we file writs of habeas corpus to challenge all improper actions at criminal trial. We have been successful appealing convictions and sentencing by investigating new evidence. We can frequently demonstrate that evidence used at trial, such as prejudicial statements or evidence gained during an illegal traffic stop or illegal search, should have been suppressed - or that evidence favorable to your defense was wrongly excluded.

Habeas corpus writs can be filed many years after appeal rights have expired if new evidence is shown. Habeas corpus writs are an important way to get to the Federal Courts to reverse a state conviction. We have been successful in this area.

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Accomplices / Gun Use

Appeals Section – Website

SB1437 lets people get out of prison – even after decades. The new Penal Code section 1170.95 allows for resentencing to non life sentences possible. If a person was a non-killer, did not intend to kill, was not a major participant and did not have reckless indifference to human life, s/he may only be convicted of the underlying crime. This motion is complicated and our team can help your loved one put forth the best arguments. Many inmates file a form, but we can bring our best research and attorneys to file a complete, thorough and persuasive motion for you.

SB620 allows discretion to get rid of the enormous gun use enhancements. Call us to see if this new law applies to your loved one.

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Prosecutorial Misconduct

You or your loved ones may have experienced overzealous district attorneys bending the rules in court. This is an appealable issue and can result in a reversal of a conviction.

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Inadequate Representation and Poor Investigation

Your criminal defense lawyer might have done a very poor job defending you. If the attorney’s performance falls below the accepted norm, you may have been the victim of ineffective assistance of counsel. This can result in a new trial.

Failing to properly investigate your case is improper representation. If witnesses should have been called, or experts employed, call us to set the record straight.

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Motions for New Trial

After a jury has found a person guilty and before sentencing, a motion for a new trial can be made. Don’t miss that opportunity. Call us to ask the court to start over again.

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Jury Bias

You have a right to a jury of your peers. That means a jury fairly chosen from an unbiased panel. Prejudice has no place in the courtroom or in any other part of our society. If you believe you were the victim of racial, gender, ethnic or religious prejudice, call us.

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Misdemeanor Appeals

Often people are wrongfully convicted of misdemeanors such as drunk driving, indecent exposure, domestic violence or assault and battery. What most people, even many attorneys and judges, do not realize is that the simple act of filing a notice of appeal in a misdemeanor case puts an immediate stop on any jail, fine or probation. All aspects of sentencing await the decision on your appeal. We can help you with your misdemeanor appeal.

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Sex Offense Appeals

Please see our Sex Offense Appeals page and read more on this area and about our expertise in getting people off of sex registration.

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PC §1405 – DNA Exoneration

We can help you make the government test the DNA that was never tested. These results are the basis for Motions for New Trial or Motions to Dismiss. Your loved one deserves to see all of the material tested. Call us to get these tests conducted.

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All Courts: State and Federal

Our criminal appeals experience includes appeals handled through the California Court of Appeals, the California Supreme Court, the United States District Courts, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

To schedule a consultation with a confident California criminal appeals lawyer about your options after a guilty plea or criminal conviction, contact the Law Offices of Robert J. Beles today.

State Certified Specialists
Robert Beles - State Certified Criminal Law Specialist
Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist
Emilio Parker - State Certified Immigration Law Specialist
California Board of Legal Specialization

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