After conviction comes one of the most important decisions in a criminal case: whether to file for an appeal, a writ of Habeas Corpus, or some other application and/or motion to meaningfully navigate the legal system.

Whether you have been wrongfully convicted, evidence was improperly admitted or excluded in your trial, or you suffered the ineffective assistance of counsel, you may have options.

Below are the cases we handle.

Criminal Appeals

The system does not always get it right. Whether improper judgment was applied, or there was substantial bias, do not forego your opportunity to appeal a conviction. A good appeal takes an artful approach. First, the notice of appeal must be timely filed. Second, the California Superior Court must prepare official transcripts to document all the evidence and testimony. Third, the opening brief is filed, and the court accepts arguments and analysis on the lower court’s ruling. The prosecution will have an opportunity to file a responsive brief. Fourth, we get the last word—we file a responsive brief attacking the arguments made to our opening brief on your behalf. Lastly, two phases occur—Oral arguments and petition for review.

Writ of Habeas Corpus

A Writ of Habeas Corpus is latin for “production of the body.” Our team uses the Writ of Habeas Corpus to challenge the lawfulness of imprisonment (why someone’s imprisonment may not be lawful at all), conditions of confinement, or other actual or constructive restraint on personal liability. Barhoma Law, P.C., looks to challenge the validity of the defendant’s conviction or sentence. The most attractive thing about this option is, when available, you can introduce new and additional evidence. However, there are complex timelines when and how a Writ of Habeas Corpus may be filed. Consult with an experienced appeals and criminal defense attorney to ensure competence.

Generally, this is a six step process: First, we file the Writ of Habeas Corpus; Second, the court evaluates the petition. Third, the court may order an “Order to Show Cause.” Fourth, the court will order the prosecution to respond. Fifth, the court may order oral arguments, where we will zealously advocate for your rights. And lastly, the court will issue a decision on the writ.

SB1437 (Senate Bill SB1437 or Penal Code § 1170.95)

SB1437 is a law that allows the accused convicted under the previous “Felony-Murder” rule to apply for a reduction of sentence.

To win your SB1437 application, you should generally be represented by respected counsel. The Barhoma Law team has personally won a number of SB1437 applications and has successfully re-sentenced clients. You must win during three stages: (1) the Prima Facie stage, (2) the Order to Show Cause stage, and ultimately, the re-sentencing stage. The Prima Facie stage is where we will litigate whether you meet the bare-bones criteria of SB1437. Once you are successful during Prima Facie, the court will shift the burden to the prosecution to show evidence you do not succeed. During this phase, you need competent SB1437 counsel by your side. Lastly, the court will then re-sentence you to a lower crime, if successful during the first two stages.

Other Post-Conviction Items

Assembly Bill 2942, Penal Code § 1170(d), Commutation of Sentence

Do not like how the court has treated your case, there may be alternate, and potentially very successful ways to reduce or commute your sentence. Here, the law is focused on your character, versus your crime. Things taken into account are whether you can be reintegrated into society. If so, whether you will be a productive member of society. Whether you show remorse for your crimes and have been a model inmate.

If brought artfully and to the right agency, your application to reduce and/or commute your sentence may substantially increase. Ensure to hire a top-notch attorney in bringing about your character-based application.