Uncommon & New Laws to Reduce a Sentence or Challenge a Conviction: SB 1437 & CPL 440
Spolin Law P.C. has overturned multiple murder convictions and obtained other life-changing relief for its clients. While prior results do not guarantee a similar outcome, the below list shows some of the new laws or lesser-known options that might be available to an inmate.
- SB 1437 (California inmates)
- Challenge a murder conviction under the “felony murder” rule.
- Inmates who win SB 1437 motions usually are released and get “time-served”
- Article 11.07 Post-Conviction Writ (Texas inmates)
- Article 11.07 of the Texas Code of Criminal Procedures lays out the steps for challenging a wrongful confinement after a conviction has occurred.
- Some common arguments in Article 11.07 writs are “actual innocence” and “prosecutorial misconduct.”
- CPL 440 (New York inmates)
- CPL 440 allows for the overturning of convictions that were obtained in violation of a client’s rights.
- Most common arguments are “ineffective assistance of counsel” and “actual innocence.”
- Application for Commutation of Sentence (All states and federal)
- A successful commutation results in a shorter sentence. It is typically based on the character of the client.
- Writ of Habeas Corpus (All states and federal)
- Federal writs bring a case into federal district court based on a violation of a client’s rights under the U.S. Constitution or federal law.
- State writs of habeas corpus often involve evidence that was not put forth in trial.
- AB 2942 (California inmates)
- New law AB2942 allows the county district attorney’s office to recommend a sentence reduction.
- First Step Act (Federal inmates)
- The First Step Act is a new federal law that allows for early release of federal inmates under certain circumstances.
To learn more about any of these options or other appeals that are not listed here, contact one of the attorneys at our office. We are available at (866) 716-2805.