Representation After Trial - Post-Conviction Remedies
Sometimes an individual charged with a crime does not get a fair result or a just verdict. If you have been convicted after trial, or even agreed to a plea bargain and sentence that you later come to believe was a mistake, there is a chance to get a better result.
Unlike most attorneys who just represent clients in the trial court, from the creation of our law firm, Sugarman & Cannon has represented clients after the trial court proceedings have
finished. Whether on appeal, in a habeas corpus proceeding or on other writs, Sugarman & Cannon has provided skillful counsel to clients who have wanted to challenge the results from the lower courts.
We have the experience - We have represented scores of clients on appeal from their conviction and/or sentence both in the California and federal appellate courts.
We have the knowledge - We have represented clients in appeals in all kinds of cases, whether the conviction was for a misdemeanor, or murder ,or complex white-collar crime.
We are committed - We have overturned convictions by spotting errors so obvious that a well-crafted letter to the prosecutor was enough to convince the State to set aside the conviction. For another client, we had to file three separate appeals before justice was obtained. In every case we accept, we work hard for the clients we represent. And we will take the time to explain to you and your family how an appeal or other post-conviction proceeding will be conducted and what you can expect to occur.
We know that an appeal or other post-conviction challenge to a conviction is not a second trial. A successful appeal or habeas corpus writ requires a whole new approach to the client's case, and a careful examination of the work done by the trial attorney. We review all the court records, as well as all the files from our client's prior attorney. If we are challenging the trial attorney's decisions, or preparing a habeas corpus petition, we may re-investigate the case and re-interview witnesses. We know that the procedures that govern an appeal or post-conviction remedy are very different than in the trial court. We work to get the job done for our client.
Among the cases we have handled on appeal or in a post-conviction proceeding are:
We represented a client convicted of two murders and sentenced to life in prison without the possibility of parole. We successfully argued in the California Court of Appeal that the conviction was the result of a statement taken in violation of our client's 5th Amendment rights and the Miranda rule. That victory eliminated one of the convictions. We then filed a federal habeas corpus petition in federal court, and persuaded the Ninth Circuit on appeal to overturn the second murder conviction.
We represented a man serving a 30-year federal prison sentence after a conviction for drug and weapons charges in Los Angeles. We filed a habeas petition, and after initially losing before the Judge who originally found our client guilty, succeeded in convincing the Ninth Circuit to set aside the conviction.
