At Chambers Law Firm we are proud to be able to help clients with the appeals process. We often find that this starts with informing our clients about what an appeal can actually do and what the process is like. Keep reading to get the basics, and then contact us at 714-760-4088 if you would like a free legal consultation regarding your appeal or that of a loved one.
An Appeal is Not a New Trial
The first thing to know is that if you are granted an appeal, it is not a new trial. It is a very limited proceeding in which the judge (or judges) will look at only one thing: if legal errors were made. If they determine that errors were made in the investigation, during the trial, or during sentencing, then they will decide if the errors were significant enough that they could have made a difference in the outcome of your case.
Errors That Can Lead to an Appeal
If a clerk put the wrong initial on some legal paperwork, that would be an error, but it would not be an error that leads to an appeal because it was not serious enough that it would likely have affected the outcome of the case. Some examples of errors that can be deemed to be serious enough include:
- False arrest
- An error in sentencing
- Evidence that was improperly admitted or excluded
- Insufficient evidence
- Serious misconduct by the jury
- Ineffective assistance from the original attorney
- Serious misconduct by the prosecutor
These are just some examples, but they are the most common.
You Do Not Have an Unlimited Amount of Time to File an Appeal
In the state of California, you have either 30 or 60 days from the court judgment to file an appeal. The length will depend on the specifics of the conviction. In some cases, you can be released on bail while the appealing is pending. However, you should not expect to get bail if you have been convicted of a violent crime or a sexual crime.
There Are Potential Outcomes When You Win an Appeal
If you win an appeal, there are three things that can happen. You can win a reversal in which the appellate court reverses the conviction, and the charges against you are dismissed. This is the least common option. Second, the court can order a new trial so that you can be tried fairly. Finally, the court could issue a remand, which sends the case back to a lower court with instructions on how to fix the issue.
The best chance you will have to win an appeal is by working with a criminal defense attorney. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation so we can find the right way forward for you.
