A murder conviction results in devastating consequences in addition to the hefty criminal penalties, which include 15 years to life in prison. A murder conviction remains on your criminal record for years. This negatively impacts your social and professional lives and could affect your eligibility for critical services like housing and insurance. Fortunately, you can vacate a murder conviction if you were not the actual perpetrator, you did not participate in the killing, or you did not have the intent to kill.
At CCLG: Los Angeles Criminal Attorney, we understand how that kind of post-conviction relief can help your situation. We can review your case and the circumstances of your conviction to determine your eligibility. If you qualify, we can help you through the process to ensure you file a successful petition in court.
What it Means to Vacate a Murder Conviction
Most previous murder convictions in California were determined according to the felony-murder rule, which states that if a person participates in any way in committing a felony that results in murder, the person should face charges and a conviction for murder. This should be the case even if the person did not actually kill anyone, did not have an intent to kill, or was not a major participant in the execution of the crime. The felony-murder rule provides that anyone who participates in a murder case should be convicted of murder, even if they did not directly cause a death.
Although this rule resulted in so many convictions, especially of people who participated in the planning and execution of murder, it resulted in unjust murder convictions. In 2018, the California Governor changed the rule when he signed Senate Bill 1437. This new law has brought tremendous changes to the previous felony-murder rule. With the new law, a person is really guilty if they actually and directly kill another, intend for a person to die, or play a substantial role in the murder of a person.
Today, if you or someone you love was convicted of murder, yet they were not the actual perpetrator, did not have the intent to kill, or were not active or primary participants in the murder of another person, you can petition the court to vacate the murder conviction. This is a great post-conviction relief that provides an opportunity for anyone who was unfairly convicted of murder and is now facing hefty penalties. If a court grants this petition, the unfairly convicted person will be freed from prison and will have the conviction expunged from their criminal record.
Remember that a murder conviction happens to a person who intentionally, and with wanton disregard for human life, causes the death of another person. The prosecutor must prove all elements of murder for a court to convict a defendant. If your participation in the murder case was insignificant, or you did not have the intent to kill a person, you do not satisfy all the elements of this offense. If two or more people participate in a felony murder, but only one person is killed, the court must determine all the suspected offenders’ participation in the crime. All or one of them could be guilty, depending on their level of participation and the intent.
According to SB 1437, all participants in a murder case can face prosecution under the probable and natural consequences. This means that two or more people can face murder charges due to the killing of one person. However, a murder conviction will only happen if a prosecutor can prove beyond a reasonable doubt that a person or persons intentionally and negligently caused the victim’s death. Simply participating in a felony that results in the death of a person does not make you guilty of murder. Vacating a murder conviction means the court will render it null and void.
Determining Your Eligibility for This Post-Conviction Relief
Remember that not everyone who was convicted of murder according to the felony-murder rule is eligible to petition a court to vacate the murder conviction. You must first determine our eligibility to ensure the court will grant your petition. You can do this with the help of a skilled criminal attorney.
You are eligible to petition to vacate your murder conviction under the following circumstances:
- You accepted a plea deal by the prosecutor in place of a trial, or you went through a trial and were convicted of a second-degree or first-degree murder
- According to your charge sheet, the prosecutor argued your case according to the felony-murder rule, or probable and natural consequences
- You cannot face a second-degree or first-degree murder conviction after the enactment of SB 1437
If you meet these criteria, your attorney can help you file a petition to the same court where the conviction happened.
However, there are exceptions to this, or circumstances under which you could be ineligible to have your murder conviction vacated. These circumstances include the following:
- If you are the actual perpetrator
- You were not the actual perpetrator, but you played a significant role in causing the victim’s death
- Although you were not the actual perpetrator, you intended to kill the victim through your participation in the matter
- The victim of your crime was a protected or peace officer, and the peace officer was performing their official duties when the killing happened
- You were a prominent player in the crime, and your actions were reckless enough to endanger a human’s life
Requirements to File a Petition to Vacate a Murder Conviction
Remember that an application to vacate a murder conviction must happen in the same county where the murder conviction happened. If possible, you must file the petition in the same court where your conviction occurred. If the judge who handled your trial is unavailable, they will assign your case to another judge. The judge will review the petition to determine the circumstances under which you were convicted and grant or deny the request.
An application to vacate a murder conviction must be carefully done to improve your chances of success. It is advisable to engage a skilled criminal attorney, as they understand the requirements better. A skilled attorney also understands what is at stake and will do their best to ensure the petition is successful. In the petition, you must include the following:
- The year the murder conviction happened
- Your case number
- Your declaration and proof that you qualify for relief under PC 1170.95 under any of the bases mentioned above
- If you need the court to appoint you an attorney (this is not necessary if you already have a private criminal attorney).
From that information, the court will be able to trace your case and files and determine whether you have a valid reason to file this petition. If the court cannot find your file or case, or information regarding your case is missing, the court will deny the petition since it cannot verify your information. Petitions are generally denied without discrimination, and the court informs you, in writing, that your petition cannot be considered without critical information. If your application is denied under these circumstances, you can re-petition the court immediately after learning that the missing documents or information has been recovered.
The major requirement is that your petition demonstrates that your conviction was unfair or legally invalid because of changes in the law. Thus, in addition to providing the case details, you must identify a legal basis on which you are filing for relief. For example, you can prove that you were not a significant participant in the killing or that your actions were not in reckless disregard of human life.
Once the petition is ready for filing, serve the prosecutor of the sentencing court with a copy. After filing the petition with the court, you must wait up to 60 days for the court to review and respond to your petition. The judge can schedule a hearing to review the petition before granting or denying it.
Remember that you can have legal representation in this process. You can hire an attorney or request a public defender from the court. You are also allowed to represent yourself. However, since this is a murder case and cases like these can be very complex, it is advisable to have an attorney by your side.
You can also waive a hearing. Prosecutors and criminal defense lawyers can waive court hearings if there is a good reason. If this happens, the judge has absolute discretion to review your case and grant or deny the petition. A hearing helps because it allows you an opportunity to defend your petition and convince the court to grant it. Your attorney can use various strategies to fight for a favorable resolution during the hearing. It increases your chances of receiving a favorable court outcome.
The Petition Hearing
Remember that generally, a judge will schedule a hearing after receiving your petition to determine the circumstances of your underlying case and your eligibility for a vacated murder conviction. You can waive the petition through your attorney if you do not want to go through another long, tedious, and uncertain court process. If the court schedules a hearing and you decide to go through with it, it is important to know what to expect and how to influence its outcome for a favorable resolution.
After filing the petition with the court and serving the district attorney with a copy of the petition, you must wait until the court reviews the petition to hold a hearing. This can take up to 60 days. Within that time, the prosecutor and your attorney should be preparing for the hearing. If the court determines that you have a valid reason to petition for your murder conviction to be vacated, it will hold a hearing. The court will respond to your petition, and the prosecutor will file a response. Your attorney is also expected to file a rejoinder.
The trial will mainly rely on your previous conviction record and the changing circumstances. The prosecutor will challenge your petition while your attorney will support it during the hearing, depending on the circumstances of your case. Like in all other criminal cases, the prosecution must prove beyond a reasonable doubt that you are ineligible for the vacation for the court to deny the petition. If this does not happen, the judge will grant your petition and vacate your murder conviction. In addition to the prosecutor’s arguments, your attorney must provide valid reasons and proof to support the petition.
The court will rely on the two sides of the argument to determine the murder. The court can grant your petition or reduce your sentence, depending on the final determination. If the case results in resentencing, whereby the court finds you guilty of murder for the second time, the judge will give you credit for the time you have already served in prison. If you are about to complete your sentence and the court rules that you were unfairly convicted of murder, you could be granted parole for up to three years, as you re-integrate into your community.
Remember that the burden of proof in this case lies with the prosecutor. If the prosecutor’s response to your petition is to deny the petition based on specific circumstances, they bear the burden to prove beyond a reasonable doubt that you do not qualify for the vacation of your murder conviction. In this case, you are given the benefit of the doubt and are allowed to provide proof to counter the prosecutor’s arguments. That is why you need to hire an experienced attorney to represent you during the trial. An attorney who has your best interests in mind will use the best possible defense to convince the court to grant your petition.
How An Attorney Can Help
Remember that you can have or not have an attorney present when requesting the court to vacate your murder conviction. However, having an attorney is highly recommended to increase your chances of getting a favorable outcome. An experienced attorney will make a huge difference in the success of your petition. Here are some of the ways in which an attorney can help:
Help with Understanding Complex Laws
California laws, especially those regarding murder, are pretty complex and challenging to understand without legal help. Even with the current changes to the felony-murder law, it can be difficult for a regular person to understand how the changes affect their case and their eligibility to have their conviction vacated. A skilled attorney can help you understand how murder laws work and how the new amendments affect your case and situation. They will explain the complex laws in terms you can understand, and ensure you understand your eligibility for a vacated murder charge.
An experienced attorney who has handled similar cases before will also know the right approach to increase your chances of success. They will know the right basis for filing a petition to vacate your murder charge, and will know the kind of evidence needed to support this petition. You can completely rely on their expertise as you await a favorable resolution.
Handling All Legal Technicalities
Court processes and technicalities are challenging to handle, especially when you are already behind bars. That is why you need an attorney to help you file a request to vacate your murder conviction. There are documents to fill out and file, information to search for and attach to the application, and details to streamline to ensure that the motion will be a success. For example, your attorney must draft a petition detailing your request to the court to vacate your murder conviction. They must find out where and when your murder conviction happened to ensure that they file the petition in the same court.
They must also ensure that the prosecutor receives a copy of the petition within a reasonable time so that they can review and respond before the scheduled hearing date. These are some of the details you could miss out on if you took up the matter without legal help.
An attorney will also know of the deadlines set for cases like these and will ensure that everything is done before these deadlines. They will have all the documents needed to prove that you qualify to have your conviction vacated. Generally, an attorney increases your chances of filing a successful petition.
For Legal Advice and Representation
Remember that there are different circumstances that could make you eligible for a vacated murder conviction in California. After reviewing your case, a skilled attorney will advise you on the best grounds to file your petition in court. After doing so, they will start preparing to represent your interests and fight for your rights in court. During the hearing, they will be by your side to answer any questions directed to you and ensure that the court understands your best interests in the matter.
An attorney usually has your best interests in mind. They can argue even in the most difficult case to convince the court to consider your interests and grant your petition.
Other Post-Conviction Relief Options for Murder Convictions in California
Petitioning a court to vacate your murder conviction is just one way in which you can modify a murder conviction in California. There are other remedies available if you are ineligible for post-relief conviction under PC 1170.95. They include the following:
A Petition to Have Your Murder Sentence Reduced
Remember that murder is one of the severest felony offenses under California law. This means that it is highly penalized. A penalty for murder includes a lengthy prison sentence of 15 years to life, and a hefty court fine. Judges determine a murder sentence according to the circumstances of a case and a defendant’s criminal history. If you are given a hefty sentence after a murder conviction, you can petition the court to reduce your sentence. However, you must provide compelling reasons for the court to grant your petition.
You can file this petition on the basis of changed circumstances or changing laws. For example, if you were not the actual perpetrator, and your participation in the murder was not significant, you can file a successful petition to have your sentence reduced. You can also base your petition on the fact that this was your first offense, or you acted under coercion.
Appealing a Murder Conviction
You can also appeal a murder conviction if you feel that it was unfair or unlawful. This can happen if the final judgment is delivered by a lower court. In this case, you can petition for the judgment in a higher-level court. The petition is generally a request to have a higher court assess the verdict and give its determination based on the prevailing circumstances.
Generally, appeal processes in California do not include a requirement to table new evidence. They also do not involve bringing in witnesses or going through another trial. The Court or Appeal, which generally handles felony appeals, reviews the case and judgment to give a second ruling. The higher court reviews the proceedings and judicial judgment of the lower court for any legal errors. If a higher court finds an error in legal proceedings or judgment, it overturns the lower court’s ruling. You have up to 60 days after the final ruling to file an appeal in a higher court.
Filing for a Governor’s Pardon
A Governor’s pardon is an honor given to people who are fully rehabilitated after committing a serious offense. It relieves the petitioner of the penalties they received after a conviction. You can apply for this seven to ten years after completing probation or parole. If your petition is granted, the conviction will not count as a prior offense if you are convicted again for a similar offense.
Find a Competent Criminal Attorney Near Me
If you or someone you know is a convicted murderer, you can petition the court to vacate your conviction if you are eligible. This is a complex matter that you can easily handle with the help of a competent criminal defense attorney. Your attorney will ensure you qualify for the post-conviction relief and help you through all complex legal processes until the court grants your petition.
Our skilled attorneys at CCLG: Los Angeles Criminal Attorney understand the court processes involved and all the requirements for filing a petition like this. We can also defend your rights and fight alongside you until you get a favorable result. Call us at 323-922-3418 to learn more.
