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.
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.
Conspiracy to traffic 10+ kg cocaine
Impaired driving, Over 80
Possession of a prohibited firearm with readily accessible ammunition
Child pornography cases
Possession and importation of child pornography
Domestic Assault Charges
Domestic assault causing bodily harm
Fraud/White collar charges
All Charges Were Stayed
Fady took very good care of me, keeping my best interest in mind and supported me throughout the process. I am very thankful for his help and would absolutely recommend this office and specifically Mr. Mansour.
Excellent and precise communications skills. Very clear on what my position was, what the legal actions available were, and what his strategy would be to address the situation. And precise execution. He assured me of my rights and position every step of the way. Made me feel totally comfortable with my rights, and let me continue with my life. Highly recommended.
Fady recently represented me in a legal matter during one of the most difficult periods of my life. From the onset, Fady was professional, supportive and reassured me that he would do all he could to ensure a positive outcome, which was achieved. Thank you to Fady and team for your hard work and support!
Solomon is an excellent Lawyer, top in the field of firearms legislation. Would definitely invest time and money for his expertise. Thank you Solomon for first, taking my case and second, supporting a injured veteran.
The night I was charged with assault after a night out drinking was the worst night of my life. As a police officer, an off duty assault conviction would have jeopardized my career. I have worked closely with lawyers my entire nine year career. Either directly with Crown on a case or through cross-examination by defence counsel and after a few minutes of speaking with Solomon shortly after my arrest I knew his knowledge and ability to articulate legal principles were unmatched. He spent nearly an hour on the phone with me gathering facts and providing clear instructions. Throughout the process he kept me updated as to what was going on and I was extremely impressed with his handling of my case. Solomon did his homework on the accusers and witnesses and prepared an unbelievable defence which ultimately led to the charge being dropped on the first day of trial and allowing me to continue my career as a police officer. I’d recommend Solomon to anybody who is in need of expert legal defence.