Post Sentencing Defense Attorney

If you have been convicted of a crime, Kidd Defense can assist you with the relief that you seek. A good post conviction attorney can help you restore your life to its full potential. Whether it’s appealing the conviction, restoring gun rights, restoring civil rights, relief from sex offender registration, expunging the arrest, or vacating the conviction, we can help. If you or a loved one is looking to put their past behind them, call us today.

Appeals

If you or a loved one has been convicted of a crime or lost their license after an administrative hearing, Kidd Defense is here to help. Every judgment is appealable, however, you and your post conviction attorney must act quickly.

 

In general, a “notice of appeal” must be filed within 30 days of a final judgment. If the conviction occurred in District Court, a defendant’s next move would be a RALJ appeal to the Superior Court in the county where the conviction occurred. A RALJ appeal is an appeal from a district or municipal court that is named after the set of rules that govern such appeals.

 

If the conviction under consideration occurred in Superior Court, a defendant’s next move would be to file a Rules of Appellate Procedure (RAP) appeal to the Washington State Court of Appeals in the division where the conviction occurred. If the defendant has unsuccessfully exhausted their Appeal as of Right (the first appeal), they may be able to petition for discretionary review in the court higher than the original that heard the Appeal as of Right.

 

If the defendant has exhausted all his or her appeals and is still incarcerated, he or she may be able to challenge continued imprisonment by filing a Personal Restraint Petition (PRP). Department of Licensing appeals are generally heard in the Superior Court of the county where the DUI occurred.

 

If you are looking for an attorney to appeal a conviction or license suspension, you need someone who is detail-oriented, up-to-date on current laws and procedures and has the creativity to formulate the arguments in the case in a manner that leads the court to reverse the conviction. Let the post-sentencing experience of Kidd Defense work for you. Call us today.

Vacating Convictions

If you were convicted of a crime, served your sentence and have not reoffended, you may be eligible to vacate the conviction. When a court vacates a conviction, it proceeds to withdraw the guilty plea or guilty verdict. A plea of “Not Guilty” is entered and the charge is dismissed. When a conviction is vacated, the law allows the individual to state for all purposes that they were never convicted of the offense, including on employment and housing applications. It formally changes the final disposition of the case to “dismissed.”

 

Not all charges are eligible for vacation. In general, violent crimes, sex crimes and DUIs are not eligible for vacating. The waiting period for eligible convictions varies depending on the crime and the clock doesn’t start ticking until all the terms and conditions of the sentence have been completed, including payment of legal financial obligations. As a post conviction attorney, Kidd Defense has successfully vacated many convictions of varying degrees. If you are interested in cleaning up your record, call us today.

Expungements

In Washington State, expungement refers to the removal of non-conviction data from law enforcement databases. Expunging an arrest is an administrative process conducted through the various local law enforcement agencies. Certain criteria must be met for the arrest to be eligible for expungement and the proper paperwork and fingerprint card need to be submitted. If you are looking to clear up an old arrest, call Kidd Defense.

Civil Rights Restoration

When convicted of a felony offense, losing your civil rights is one of the unfortunate consequences of the conviction. This includes losing your right to vote and your right to sit on a jury. These rights are restored by the issuance of a “certificate and order of discharge,” which becomes available after the defendant serves the required sentence and pays the fines and restitution (LFO’s) associated with the conviction. However, the timing of obtaining the certificate and order of discharge can have profound effects on someone’s eligibility to vacate a conviction. If you need your civil rights restored, it needs to be done right. That’s just one more good reason to hire a post conviction attorney. At Kidd Defense, we do post-sentencing right.

Firearm/Gun Rights Restoration

No single area of the law is as complicated or confusing as the laws relating to restoring gun rights. The laws are poorly written, rarely understood, and often contradicted in the overlap between state and federal laws.

 

If you were convicted of a felony offense or certain misdemeanor domestic violence crimes, your gun rights may have been revoked whether you were notified or not. A defendant may be eligible to restore gun rights after remaining crime free in the community for the required period of time, depending on the conviction.

 

Successfully restoring one’s gun rights does not automatically mean that the person can walk into a gun shop and be approved to purchase a firearm. The most frequent follow-up questions we receive from our clients after successfully restoring their gun rights relates to how to get the FBI to acknowledge the restoration. In the past we have found that submitting a NICS Voluntary Appeal File along with the proper documentation frequently solves the problem.

 

If you would like to restore your firearm rights, let the experience and proven track record of Kidd Defense work for you. Call us today.

Relief from Sex Offender Registration

When convicted of a sex offense, one is likely required to register as a sex offender. The good news is relief from this potential embarrassment may be right around the corner. Certain sex offenses are eligible for relief from the registration requirement if the defendant remains in the community without being convicted of a disqualifying offense for the statutory timeframe. If you would like to explore being relieved from your duty to register with a post conviction attorney, call Kidd Defense today.

Contact us today to discuss your options!