As per reports, there were around 731 reported criminal offense cases that included assault, violent crime, theft, property crime, etc., in California in 2019.
If you’ve been charged with a felony in California, you may be wondering if there’s anything you can do to have your conviction overturned. The good news is that there is an appeals process in place that allows individuals who have been wrongfully convicted or received a harsher sentence than they deserved to challenge the verdict.
In this blog post, you will understand criminal appeals in California and what you need to know about them. Read ahead to get some tips on finding the best lawyer who handles criminal appeals in California.
What Are Criminal Appeals?
A criminal appeal is a review of the trial court’s proceedings by a higher court to determine whether any legal errors were made that affected the case’s outcome. An appeal may be taken from a conviction or sentence imposed after a guilty plea, jury verdict, or bench trial.
The appellate process in California is complex, and it is essential to have an experienced criminal defense attorney handling your case. An experienced attorney will know how to navigate the appellate process and present your best arguments to the appellate court.
What Is the Process of Criminal Appeal in California?
The process is governed by the California Rules of Court, promulgated by the state supreme court. Under these rules, an appellant has 60 days in felony cases and 30 days for misdemeanor cases from judgment to file a notice of appeal.
Once the appeal notice is filed in the court, the appellate court will issue a stay, suspending the judgment’s execution pending appeal. The appellate court will then set a briefing schedule, during which both parties will submit written arguments.
After considering the briefs and oral arguments, the appellate court will issue its decision, which may affirm, reverse, or modify the judgment. If the appellate court reverses the case judgment, it may direct the lower court to enter a new judgment or order a new trial.
If the appellate court affirms the judgment, it will be carried out according to the terms of the original sentence.
Benefits of Hiring a Lawyer
The United States criminal justice system ensures that defendants receive a fair trial. However, even with this safeguard in place, mistakes can result in a wrongful conviction. If you have been convicted of a crime that you did not commit, it is essential to consult a criminal appeal lawyer as soon as possible.
An experienced lawyer will be familiar with the appeals process and know how to build a strong case for your innocence. In addition, a lawyer can help to gather new evidence and identify witnesses who can testify on your behalf. With their help, you may have your conviction overturned and clear your name.
Tips for Finding a Criminal Appeal Lawyer
Here are some tips for finding a lawyer who handles criminal appeals in California:
- Do Your Research: Not all lawyers are the same. Some may have more experience than others or may specialize in a particular area of law. It would help if you found a lawyer with significant experience in the appeals process.
- Get Referrals: Ask friends or family members if they know any good criminal appeal lawyers. You can also contact your local bar association for recommendations.
- Interview Potential Lawyers: Once you have a few names, schedule consultations with each lawyer, this will allow you to ask questions and get a feel for whether or not the lawyer is a good fit for your case.
- Consider The Costs: Appeal cases can be expensive, so you will need to consider how much you can afford in terms of legal fees. Be sure to get an estimate from each lawyer before making a final decision.
By following these tips, you should be able to find a criminal appeal lawyer who is suitable for your case.