What is a Certificate of Rehabilitation?
Published on December 14, 2020A criminal record simply makes your life harder. It may prevent you from being hired, getting an apartment, obtaining a professional license, qualifying for government programs, and receiving student loans. Criminal records usually are publicly available and easily found.
There are some ways to improve your situation. If you are eligible, Spolin Law P.C. can assist you in obtaining a Certificate of Rehabilitation. It’s one of the few ways you can limit the harm caused by your criminal record in California, New York, or Texas. Call (310) 424-5816 or contact us online for a free consultation.
A Certificate of Rehabilitation Can Help You Get Your Life Back
A Certificate of Rehabilitation won’t expunge or seal your record, but it may be your best option if expungement or other post-conviction remedies aren’t available.
Under California law, it’s illegal for an employer with five or more employees to fail to hire someone because of their convictions if they have a certificate of rehabilitation. The certificate also functions as an automatic pardon application.
Under California law, the certificate is issued by a court and attests to your rehabilitation after a conviction. Texas and New York have their own versions. With this certificate, you can recover some of your legal rights. It should also be easier to find a job.
The process involves filling out a form, gathering evidence to support your application, and a court hearing. If you receive a certificate:
- Your civil rights are restored, except your 2nd Amendment rights concerning firearms
- You can’t be denied public licensing or employment (with some limits) due to your conviction
- Depending on the crime, you may no longer need to register as a sex offender
Do You Qualify for a Certificate of Rehabilitation?
The certificate won’t erase your felony conviction or seal the criminal record. If you served time in either state prison or county jail, you might qualify if you:
- Haven’t been re-incarcerated after your release
- Continuously lived in California for at least five years since your release. Some violent and sex-related crimes have longer waiting periods
- Have proof of your rehabilitation since your release
- Aren’t on probation for another felony
- Were convicted of a felony and sentenced to prison, another California state penal institution or agency, or
- Were convicted of a felony and sentenced to probation, and your conviction has been expunged, or
- Were convicted of a misdemeanor sex offense in Penal Code 290 (the Sex Offender Registration Act), and your conviction has been expunged
Proof of rehabilitation can be shown by:
- A record of consistent employment
- Getting drug, alcohol, or domestic abuse counseling
- Engaging in community events and affairs
- Volunteering for non-profit organizations
- Not having an arrest record
- Active involvement in your children’s lives
- Positive letters from employers, clergy, neighbors, community leaders, or volunteer agencies
After filing your application, a hearing is held. You or your attorney will make your case and evidence that you qualify for the certificate. If the court issues the certificate, it’s reviewed by the Board of Parole Hearings. It will later issue a recommendation as to whether the Governor should pardon you.
Take the Next Step. Contact Spolin Law P.C.
A Certificate of Rehabilitation can help get your life back after serving your sentence and successfully returning to society. To learn more about how you can obtain one or to get our help in the process, call Spolin Law P.C. at (310) 424-5816 or fill out our contact form to schedule a free consultation.
New LA District Attorney George Gascon Promises to Re-Open Thousands of Old Cases
Published on December 9, 2020The new Los Angeles District Attorney, George Gascon, has promised to re-open thousands of old cases for California prison inmates with Los Angeles County convictions.
George Gascon defeated the prior District Attorney (Jackey Lacey) in the November election last month. He was sworn into office this past Monday, December 7, 2020. Mr. Gascon then shocked the legal community by announcing a wide array of sweeping reforms and a retroactive application of most of these reforms.
“Retroactive” means that the many of the new changes will affect convictions in the past, whether they are from 25 years ago or from the day before Mr. Gascon took office.
This article was written by one of the criminal appeals lawyers at Spolin Law P.C. To find out more about how George Gascon’s election can affect your case, call our firm at (310) 424-5816.
Types of Cases Affected
The new policies issued by the Gascon administration are listed in a series of special directives that were published on December 7, 2020. They affect the following cases:
Cases with Sentence Enhancements
Special Directive 20-08 commands all prosecutors to abolish sentence enhancements (including gang enhancements, strikes, three-strike penalties).
Juveniles Tried in Adult Court
Special Directive 20-09 orders the abolition of the use of adult court for juveniles. Special Directive 20-14 also orders the re-opening and re-sentencing of “all cases where the defendant was a minor at the time of the offense.”
Writs of Habeas Corpus
Special Directive 20-10 stops the prior practice of automatically opposing all writs of habeas corpus. Now, the DA Habeas Unit “shall not simply oppose the petitioner’s claim” when the inmate’s claims are “supported by reasonably available evidence.”
Innocent Inmates
Special Directive 20-13 completely changes the practices of the Conviction Integrity Unit so that the DA’s Office is tasked with helping prove the innocence of inmates where there are “avenues of investigation that have the potential to substantiate the applicant’s claim(s).”
Inmates with Overly-Long Sentences
As Mr. Gascon said himself: “the sentences we impose in this country, in this state, and in Los Angeles County are far too long … [and I] campaigned on stopping the practice of imposing excessive sentences.” (Special Directive 20-14, 12/7/2020, page 2, italics added). Special Directive 20-14 orders the DA’s Office to allow a review of old sentences and use all available legal methods to fairly resentence inmates who received overly-long sentences.
How an Inmate Can Benefit
The election of George Gascon is great news for California inmates with Los Angeles County cases. However, not every inmate will benefit from the new DA’s changes. Here are some steps that may help you in winning a reduced sentence for yourself or a loved one.
Find a Skilled Appeals Lawyer
While Mr. Gascon is clearly an ally in reducing inmate sentences, he is limited by the laws that currently exist. Spolin Law P.C. handles post-conviction matters for clients throughout California and has experience reaching out to the DA’s Office through some of the legal methods described below.
Learn About New Laws AB 2942 / PC 1170d1
One way to get Mr. Gascon’s DA Office to reconsider a case is to apply under the new law AB 2942, which went into effect in 2019. AB 2942 allows each District Attorney’s Office in California to recommend resentencing for old convictions that occurred in that county. The law, written into the Penal Code, is one way to seek the new DA’s help in reducing an overly long sentence.
Take Action
As one local attorney recently said, “It’s like the DA’s Office is now being run by a true-believer defense attorney.” Nonetheless, there are tens of thousands of unfair sentences that have been handed down in Los Angeles County over the last several decades. In order to benefit from these new policy changes, you will have to take some type of action so that your case gets noticed. The squeaky wheel gets the oil. Speak to your lawyer (or find a lawyer) so that you can begin this process. The appeals lawyers at Spolin Law P.C. are available to review cases and make recommendations.
To speak with a criminal law attorney or staff member at Spolin Law P.C., call us at (310) 424-5816.
Attorney at Law Magazine Features Spolin Law P.C. in a Cover Story About the Firm’s Successes and Mission Statement
Published onThe October 2020 New York edition of Attorney at Law Magazine profiled Spolin Law P.C. in a wide-ranging article about the firm’s successful advocacy and its mission statement of treating all clients with respect.
As the article notes, the firm’s fights to win its cases while also treating clients and family members with respect and dignity.
To read the article, you can visit the Attorney at Law Magazine website or read the text of the article copied below:
October 2020 Issue, Attorney at Law Magazine.
Article text copied below:
Fighting for the Innocent
Mary Medina, the mother of a former Spolin Law client, will never forget September 27, 2017. That’s the day the California Supreme Court sided with her daughter after months of appellate advocacy by Aaron Spolin and his firm, Spolin Law P.C. The outcome saved Medina’s daughter from a potential life sentence in prison.
“Aaron and his team saved her life, God bless them,” Medina says. “My close friend had found out about the firm, and we’re so lucky to have found them.”
Medina is one of the many former clients and client family members whom Spolin Law has helped. As one of the nation’s leading criminal appeals law firms, Spolin Law handles post-conviction matters for clients in state and federal courts.
Spolin Law was founded by former prosecutor Aaron Spolin. Besides trying to win cases, the firm’s mission statement includes a goal of “treating every client with respect and dignity,” something that is often lacking in the criminal justice system.
“When I was a prosecutor, we never knew the people we were prosecuting,” Spolin says. “Each case was a faceless statistic, and we were driven by the idea that more time in prison equaled more ‘justice.’”
It was only when Spolin started defending the accused that “I saw how these were often good people trying hard to make it in the world. There are clients who are innocent. And others may have made a mistake but deserve something better than a disproportionate cookie-cutter sentence.”
The criminal appeals process varies from state to state. It generally involves a review of the case records and an analysis of errors or legal mistakes that resulted in a violation of a criminal defendant’s rights. Improper admission of evidence, sentencing error, and ineffective assistance of trial counsel are some common examples of rights violations. If an appellate judge determines that an error was significant enough, the judge can overturn the conviction, modify the sentence, or dismiss certain charges. In some cases, a successful appeal results in the case being permanently overturned.
Besides fighting in court, the firm prides itself on being responsive to clients and client family members. “One of the things that separates our firm from other firms is that we return phone calls and emails relatively quickly,” notes law firm manager. “When you’re a Spolin Law client, you are a VIP.”
Parker is admitted to practice in Maryland and in front of the United States Supreme Court, although she does not perform any legal work for Spolin Law or its clients. Nonetheless, her legal background helps her keep the law firm operating smoothly, which includes communicating with clients, courthouses, attorneys, and other Spolin Law team members to make sure that the firm has what it needs to build its cases.
Caitlin Dukes, one of the firm’s attorneys, remembers the extensive work required on a noteworthy case the firm won earlier this year. As a result of Spolin Law’s efforts, a client’s murder conviction was overturned and Superior Court Judge James Otto ordered for the client to be released on the very day the case was argued.
Spolin had served as the primary author of the written argument while Dukes had handled the oral argument in court, skillfully responding to the prosecutor’s contention that the client should remain in prison for life.
“He had spent 17 years in prison for a crime he did not commit,” says Dukes, who is also a former prosecutor. “When I spoke with the client in our office shortly after his release, it was like meeting a brand-new person. He saw a world of possibilities in front of him, and I could see he was ready to begin his new life on the outside.”
The firm had won a similar case a few months earlier, although the prosecutor there had focused on the legality of the law used to overturn the life sentence. Spolin eventually obtained the dismissal of the life sentence for the client, who was just released from prison about two weeks before the publication of this article. The prosecutor had argued that the underlying law allowing the removal of the life sentence violated the state constitution. But Spolin and his team dissected the prosecutor’s arguments piece by piece, explaining to the judge how the law was indeed constitutional and how the client was entitled to release under every possible theory.
“It was exhilarating and exhausting at the same time,” Spolin recalls. “The firm is selective in the clients it takes on, but when we do take on a client, we go all out.”
Fighting to win cases is just one aspect of the firm’s work. The lawyers and staff at the firm also do their best to help clients and family members get through difficult times. The firm’s senior case manager, Marti Wise, remembers the work she did helping to calm down a concerned father whose juvenile son had been wrongfully charged with murder.
“The entire process seemed stacked against his son, and he did not know where to turn,” Wise notes. “After seeing that this was a case we could handle, I made it my job to help him relax and know that this was ‘our problem’ and not his problem anymore.” In the end, the firm’s work resulted in Superior Court Judge William Wood completely dismissing the case. Minutes after the dismissal motion was argued, the client stood up and walked out of court a free man with no criminal record.
Spolin makes a point of explaining that success on past cases does not guarantee success on future cases. Nonetheless, the firm’s success comes as no surprise to other lawyers who have known Spolin over the years.
“He is a master of legal argument,” says Isaiah Soval-Levine, a Washington, DC–based lawyer who has known Spolin for more than a decade. “But he’s also just an incredibly nice guy. Treating people with respect is part of who he is, so it’s no surprise that in many cases his clients are as happy with how they were treated as they are with the outcome in court.”
“Spolin Law gave us the red-carpet treatment, and it shows,” says Twonia Anderson, the fiancé of a client whose life sentence was overturned in September of 2019 as a result of the firm’s efforts. “Every time the prosecutor filed a motion or argument, they responded with something better. I could tell that our case was important to the firm.”
Spolin Law’s treatment of clients and case outcomes have earned it awards from various organizations, including the National Trial Lawyers, the American Institute of Criminal Law Attorneys, and Attorney & Practice Magazine. This publication joins a growing list of organizations recognizing the firm’s work.
“We’ve gotten to where we are because of the idea of respect,” observes Spolin. “Respect for each client, respect for our work, and respect for the rights each person has under federal and state law.”
For inmates who have been shoved around by the criminal justice system and whose guilt was assumed from day one, this must feel like a breath of fresh air.
To learn more about Spolin Law and how its criminal appeals lawyers can help on your case, call us at (866) 716-2805.
Prior success does not guarantee future success.
What is a Wobbler Offense?
Published on December 8, 2020A wobbler offense, also called an “alternative felony/misdemeanor offense,” is a crime that can be charged or punished as either a felony or a misdemeanor in California. Usually the prosecutor decides whether to charge a wobbler as a felony or as a misdemeanor. In some cases judges will decide how to punish a wobbler offense. In addition, a defendant convicted of a wobbler felony may choose to file a petition with the court to reduce the conviction to a misdemeanor. In California there are hundreds of crimes that qualify as wobblers. These include sex crimes, domestic violence, and fraud crimes.
When can the wobbler offense be reduced to a misdemeanor?
There exist four times when a wobbler crime can be reduced from a felony to a misdemeanor:
- When the prosecution first charges the offense;
- At a felony preliminary hearing when the defendant is held to answer;
- During sentencing; or
- If the defendant was not sentenced to prison, after the defendant has done California’s felony probation and filed a petition to reduce the charge.
How do prosecutors decide how to charge a crime?
California does not mandate how a prosecutor should charge a wobbler crime, it remains at the discretion of the prosecutor. In California prosecutors often follow the crime charging standards put out by the California District Attorneys Association. They suggest prosecutors look at the following factors to inform their decision:
- The defendant’s cooperation with law enforcement;
- The age of the defendant;
- The severity of the crime;
- The defendant’s criminal record;
- The chances of defendant continuing to commit crimes;
- If the defendant is eligible for probation;
- How strong the prosecution’s case is.
When do judges reduce a wobbler felony to a misdemeanor?
Judges, like prosecutors, have the discretion to reduce wobblers to misdemeanors from Penal Code 17. The judge can make this choice at either:
- The preliminary hearing,
- The time of sentencing, or
- Following the defendant’s petition to reduce a wobbler felony to a misdemeanor, for cases where the defendant was sentenced to and already completed California’s felony probation.
Judges are not bound by the prosecutor’s decision on how to charge the crime. If there are mitigating circumstances of the crime, judges are able to reduce a wobbler felony down to a misdemeanor. These mitigating circumstances are circumstances that argue in the favor of the judge being more lenient in sentencing. These mitigating factors include, among many others,
- The defendant not having any priors or an insignificant criminal record,
- The defendant played only a minor role in the crime
- The defendant’s acknowledgement of the wrongdoing and/or restitution to the victim early on in the criminal process
- The defendants earlier behavior on probation or parole was satisfactory.
How does one get a wobbler conviction expunged?
Expungement is a type of post-conviction relief in California that is available to most wobblers. For wobblers it does not matter if the charge ended up as a felony or as a misdemeanor conviction. Eligible defendants can petition for an expungement following a completed probation. If the court grants the expungement, the case is to be dismissed with no conviction. In addition, the defendant does not have to tell any employers in the future about the case. Those not eligible for expungement are people convicted of certain sex crimes involving children. Additionally, in order for the defendant to qualify they must also have not served time in California State Prison for their offense, or had served jail time in a state prison for a crime that would be now served in county jail following Proposition 47’s new legislation.
Contact Spolin Law for Help
If you have any questions about wobbler offenses, you can call Spolin Law P.C. at (310) 424-5816. We have offices in Los Angeles, CA, Austin, TX, and Manhattan, NY.
Spolin Law P.C. Awards 2020 Civil Rights & Criminal Law Scholarship Winner
Published on November 5, 2020Spolin Law P.C. is proud to announce the winner of our 2020 Civil Rights and Criminal Law Scholarship. This year, Spolin Law P.C. has chosen Javier Nicholas Ordieres who will receive a $1,000 scholarship to use toward tuition and other educational expenses.
Created in 2017, the Spolin Law P.C. Civil Rights and Criminal Law Scholarship was developed to support students whose work brings awareness to civil rights issues. This falls in line with the firm’s overarching goals of representing individuals whose rights have been violated and protecting each person’s right to be treated with dignity.
Mr. Ordieres was selected based on his impressive scholastic achievements, combined with his essay, which spoke to the heart of the US Constitution, as more than words on a page. Mr. Ordieres not only captured the faults of our government, but the enduring hope the document imparts, to citizens and immigrants alike – our promised inheritance as Americans.
You can read Mr. Ordieres’ entire essay here.
Javier will be attending the University of Georgia in Athens in the fall, and our team of Los Angeles criminal appeals attorneys looks forward to seeing how leaders like him will preserve and advance the values of the Constitution and support human rights in coming years. We firmly believe that the future of America will be built by compassionate individuals and civil rights leaders.
The Spolin Law P.C. Civil Rights and Criminal Law Scholarship aims to encourage students from different fields to apply.
El Cliente Celebra su Libertad junto a sus Abogados Después de que su Condena a Cadena Perpetua Fuera Anulada
Published on October 9, 2020The California Supreme Court sided with a Spolin Law client earlier this month, effectively saving the client from a potential 50-year-to-life sentence.
Spolin Law represented the client throughout the appeals court process. Earlier this year, attorney Aaron Spolin had won the client’s matter in the California Court of Appeal. When the prosecutor appealed the Court of Appeal’s ruling, the California Supreme Court sided with the Spolin Law client by denying the prosecutor’s petition for further review and thereby settling the matter in the client’s favor.
This is the conclusion of a months-long appellate battle that began when Spolin Law won a hearing in May, which situated the client in juvenile court for a double-murder trial involving elements of self-defense.
After Mr. Spolin won the hearing that would allow the client to be retained in juvenile court, the Los Angeles County District Attorney’s Office appealed the finding to the California Court of Appeal. They argued that the lower-court judge had abused her discretion in ruling for the Spolin Law client and had improperly applied the law. In the defense response, Mr. Spolin argued that the lower court had ruled properly due to (1) new changes in the law enacted by Proposition 57, (2) the intent of the recent proposition coupled with clear legislative intent, and (3) the client’s lack of sophistication, prior trauma, clean record, and ability to be rehabilitated.
To view the table of contents outlining Spolin Law’s appellate arguments, click here.
After Spolin Law won in the California Court of Appeal, the California Supreme Court effectively sided with the Spolin Law client by rejecting the prosecution’s attempt to overturn the lower court’s finding. Because the California Supreme Court is the highest court with regard to California law, there is no further court to which the prosecution can appeal. Therefore, this appellate issue is finally and permanently resolved in favor of the Spolin Law client.
Speak to a Criminal Appeals Lawyer at Spolin Law P.C.
Spolin Law founder and former prosecutor Aaron Spolin is ranked in the top 1% of criminal law attorneys in the state of California. He is an award-winning Los Angeles criminal appeals attorney and, along with the other attorneys at Spolin Law, has been on the winning side of hundreds of cases. For questions regarding how a criminal appeals attorney may help you appeal your case today, please call (310) 424-5816.
Earlier this week a Spolin Law client visited the firm’s office to celebrate his newfound freedom. After two years of work by the firm, the client’s life sentence was dismissed, and he was finally released shortly before the office meeting.
The client’s fiancé, father, and mother were present at the happy occasion. Spolin Law employees present also included attorney Aaron Spolin, attorney Caitlin Dukes, case manager Hemi Tann, and mailroom manager Michael Alfi.
The client had originally been convicted of murder because a person had died during the course of a robbery in which the client participated. However, the client had absolutely nothing to do with the death, did not want it to happen, and had been powerless to stop the unfortunate chain of events that eventually lead to the death. Notwithstanding this fact, the District Attorney’s Office had charged the client with murder. Based on changes in state law since the conviction, the judge agreed with the Spolin Law attorneys that the client’s murder conviction had to be dismissed, resulting in a re-sentencing that eliminated the life sentence.
The firm had won the client’s case several month ago (see earlier link); however, the CDCR and prison facility had improperly kept the client in custody due to an inaccurate interpretation of the client’s time credits. Spolin Law attorney Caitlin Dukes repeatedly contacted the CDCR to resolve this issue and get the facility to actually release the client. The client is now considering a money-damages lawsuit for improper confinement during the extra months he spent in prison.
“It was beautiful to see their whole family together,” said Hemi Tann, who is a case manager at the firm. “I felt wonderful knowing that we had helped this family get their son back.”
The client has already been offered a job as an auto mechanic and hopes to begin work shortly. He will finally have a chance to make up for the years he lost and start his life over with his fiancé, who supported him throughout the process.
To discuss this case or any other appellate matter with a Spolin Law attorney or staff member, call us at (310) 424-5816.
How to Choose a Law Firm for a Criminal Appeal
Published on September 21, 2020If you have been convicted of and sentenced for a crime, you have the right to appeal that conviction or sentence. Numerous complex rules set the time and manner in which you must file your appeal. You have a limited window to find a criminal appeals lawyer to take your case. With so many criminal law firms out there, how do you choose the one that can handle your particular case? Your appeal is one of the few ways to have your conviction or sentence overturned, so you have a lot at stake. Choosing the wrong firm may prevent a successful appeal.
Factors To Consider When Picking a Appeal Law Firm
Below are factors to consider in choosing the right law firm for you. No one factor is determinative, and the factors overlap in some instances. The list provides guidance in selecting the firm that can best represent you in a challenging appeal.
- Knowledge: are the attorneys at the firm knowledgeable of the area of law relating to your case? Some lawyers practice in many areas of the law, criminal law included. For simple criminal cases at the trial court level, hiring such a lawyer might make sense. For a criminal appeal, however, you want a firm that has in-depth knowledge of the procedural and substantive law related to criminal appeals. The timelines, rules, and standards of judicial review are significantly different for an appeal than for a trial. Look for a law firm whose attorneys are schooled in criminal appellate law to obtain the best representation.
- Experience: do the attorneys at the firm have experience in representing clients in your situation? Experience in criminal appeals is key to a successful outcome. Many excellent trial lawyers are available, and some do appeals. However, you want a law firm or an attorney who has significant experience specifically in appellate work. Such experience shows that the attorney or law firm knows what works and what doesn’t in a criminal appeal and helps to provide the most efficient, effective representation.
- Expertise: do the attorneys at the firm have the expertise to achieve success in criminal appeals? The next factor to consider is the firm’s success in appealing criminal convictions. All the knowledge and experience that an attorney may possess does not always equal success. You want an attorney or law firm whose strategies and arguments result in positive outcomes.
Such success may be reflected in an attorney’s status within the profession. Being a top lawyer in the field or being a speaker or leader in the criminal appeals area of law indicates an expertise that other attorneys or firms may not have. Attorneys are named top lawyers for a reason; their dedication to and success in criminal appeals mean that they provide extraordinary representation.
- Resources: does the firm have the resources to investigate, research, and pursue the appeal? A criminal appeals law firm, large or small, should have an arsenal of resources to investigate your case to maximize the likelihood of success on appeal.
Besides attorneys, look at whether the firm has paralegals, dedicated legal research personnel, and private investigators to handle your appeal. Many facets make up an appeal, and specialized personnel dedicated to handling those different facets help the attorneys to prepare a thorough, well-reasoned appeal that is supported by law and fact.
- Dedication: is the firm dedicated to your case, rather than treating you like just another case in a revolving door? If the law firm takes on every criminal appeal that comes through its doors, your case might fall through the cracks or be handled without the thorough, careful treatment that an appeal warrants. Hiring a firm that represents only select cases increases the firm’s focus on you and your case.
- Edge: does the firm have that “X Factor”? Look for a firm that has something unique to offer, something that gives it an edge over other firms and over the opposition. An attorney’s background can provide this factor. It may seem counterintuitive to select an attorney who was once a prosecutor, for example, but such an attorney would have valuable insight into the strategies of the other side on appeal. Being able to predict and undermine the opposition’s arguments on appeal increases the chances of success.
Contact Spolin Law for Help
With so much at stake, choosing an attorney for your appeal may seem overwhelming. The above factors may help you in selecting an attorney who can maximize your chance of success on appeal. As stated, no one factor is determinative; you want to consider all of them in making the crucial choice of an appellate attorney.
To schedule a consultation for an appeal, contact us online or call (310) 424-5816. We have offices in Los Angeles, CA, Austin, TX, and Manhattan, NY.
Criminal Appeals News – Wrongfully Convicted Frances Choy Released
Published on September 14, 2020In 2003, 17-year-old Frances Choy was arrested in Brockton, Mass. for pouring gasoline around her home and setting a fire that killed her parents. After two trials where the jury failed to reach a verdict, in 2011 she was on murder and arson charges and sentenced to life in prison without parole. Kenneth Choy, Ms. Choy’s 16-year-old nephew, who also lived in the home, was tried on murder charges but was acquitted shortly after Ms. Choy’s first mistrial and quickly after fled to Hong Kong in 2008.
This September, Judge Linda E. Giles vacated the convictions following Ms. Choy’s lawyers’ discovery of multiple issues that occurred at her third trial, when she was indicted. In addition, Judge Giles also ruled that emails that recently emerged proved the trial prosecutors showed “racial animus” against Ms. Choy and members of her family. These emails include exchanges of images of Asian people, some with derogatory comments, ‘jokes’ about Asian stereotypes, and cartoons mocking Asian people speaking imperfect Asian. The prosecutors’ disturbing emails went even further and made jokes insinuating Ms. Choy committed incest with Kenneth Choy, who now, with new evidence, is thought to be the one who had actually set the fire and blamed Ms. Choy.
The numerous problems that occurred at Ms. Choy’s third trial are now revealed, which, in combination with the discriminatory emails, led to Judge Giles overturning the conviction. At her trial the prosecutors made Ms. Choy out to be an emotionless killer who wanted her parents’ life insurance and to spend more time with her boyfriend. Prosecutors presented Ms. Choy’s sweatpants that she was wearing after the fire as evidence from a State Police chemist, claiming the sweatpants tested positive for gasoline residue. Yet, following her conviction, Ms. Choy’s legal team hired an analytical chemist who concluded that no gasoline residue was on her sweatpants. Although Kenneth had already been suspected in setting the fire, after he testified against Ms. Choy, her attorney did not bother to call an expert witness or interview others about Kenneth’s role in the fire. The key witness, who Ms. Choy’s trial lawyer did not contact, was a friend of Kenneth’s, who later put in a sworn statement that Kenneth admitted he started the fire. The key witness said Kenneth did so out of revenge, and even bragged about being found not guilty. Prosecutors also withheld the knowledge of two other fires at the home while Ms. Choy was incarcerated.
The prosecutors involved were Karen O’Sullivan and John Bradley. O’Sullivan left the Plymouth County’s district attorney’s office years ago and now works in the Bristol County’s DA office, while Bradley was fired from the Plymouth office in 2012. While incarcerated, Ms. Choy pursued a bachelor’s degree from Boston University, and graduated magna cum laude. Her Attorney John Barter said, in a statement from People magazine, that “This may be the first case in the U.S. where a murder conviction has been thrown out because of racism on the part of prosecutors.” Her other Attorney Sharon Beckman agreed and shared, “Frances can never get back the 17 years the criminal legal system took from her, but we are overjoyed at her exoneration and hope her case will inspire meaningful reform,” according to the New York Times.
We too hope this case will lead to reform, in not just the realm of wrongful convictions, but the racism that exists that often leads to them. The racially degrading comments of the prosecutors in this case, and more subtly in many others, caused both the prosecutors and the jury to view Ms. Choy as a stereotype and disregards her humanity. Thanks to Ms. Choy’s persistence and the support and work of her attorneys, Ms. Choy was able to achieve justice that is long overdue. With her attorneys she was able to fight back against the system, and hopefully will inspire others to do the same. We are glad to see Ms. Choy win back her life, and hope to help others do the same.
How to Appeal a Conviction Based on Jury Error?
Published on September 7, 2020America’s jury system is a wonderful thing. In the interest of a fair trial, a group of your fellow citizens gather to decide whether or not you are guilty as charged. Theoretically, it’s one of the best ways to reach a just verdict in a court of law.
Theoretically…
That’s not to say that humans never make mistakes, and juries are no exception. Human error naturally extends to juries, as hundreds of wrongfully convicted individuals can tell you.
But a jury conviction is not necessarily the end of your case. If you or a loved one have been wrongfully convicted because of jury error, let an experienced and accomplished appeal lawyer from Spolin Law P.C. review the trial record and explain your options.
With our history of getting wrongful convictions overturned, uncovering jury mistakes, and securing the release for countless individuals, we have the knowledge and fierce commitment to helping help your case.
Call (310) 424-5816 today or contact us online for a free consultation.
How Are Juries Selected?
Different states have different means of selecting their jurors for trials. In California and Texas, for example, jury members may come from records provided by the DMV, or voter registration lists. Other states, like New York, may select jurors from income tax, unemployment or family assistance, or volunteer records.
Once the jury members are summoned to court, they are placed on panels for select trial juries.
How Should a Jury Decide on a Verdict?
Upon hearing the final arguments and receiving instructions from the judge, the jury members leave the courtroom to deliberate. Many states, including California, have a lead juror, or presiding juror, that heads the discussions, collects the jurors’ votes, and delivers the final verdict. The bailiff guards the jury room so that no one enters during deliberation.
Oftentimes, the court will provide the jurors with all possible verdicts in written form, so that the presiding juror only has to choose the correct verdict form after deliberation has ended.
In some cases, like those in federal court, the jury’s decision must be unanimous, with the exception of some civil cases.
The jurors may also be sequestered or secluded from all contact with other people, newspapers, and news reports, if they cannot reach a unanimous verdict by the end of the day. However, the jury will usually be allowed to go home at night in most cases. The judge instructs jury members not to view or read reports of the case in the news, nor are they allowed to discuss the case outside of the jury room.
If the jurors cannot reach a unanimous verdict, it is referred to as a hung jury, which will lead to a mistrial. Since the case is not decided at this point, it may be tried again at a later date before an entirely new jury. Another option is for the prosecutor or plaintiff to drop the case, which removed the need for a retrial.
What Is Reversible Juror Error?
While everyone makes mistakes, what happens when the error is made during a jury trial with consequences as serious as a criminal conviction or incarceration.
If the jury’s error was so significant that it is considered a reversible error, it could be grounds for appeal. The most common type of reversible jury error stems from poor jury instructions, but other possibilities include whether the evidence or testimonies were improperly introduced or there was insufficient evidence to support a conviction.
What’s the Next Step if You Suspect Juror Error?
It can be hard to identify when reversible juror error occurs, since deliberations happen behind closed doors and juries rely heavily on instructions for legal context. For instance, if the jury receives improper instructions, it’s highly unlikely they will reach a fair verdict.
If you or your trial attorney believe a reversible juror error occurred, it’s best to consult an experienced appeals attorney who can review the trial record, the judge’s instructions, and identify anything that may have resulted in an unfair result.
How Spolin Law, P.C. Can Assist You
At Spolin Law, P.C., we know how much damage a wrongful conviction from a jury’s error can inflict on someone’s life. But our understanding of how jury errors are made and what it takes to reverse these mistakes has exonerated many of our clients and helped them get their lives back.
Call us today at (310) 424-5816 or contact us online to learn more about how we can help you.