You must show that there was prejudicial legal error at your trial.
If you have been convicted of a crime in California, your first thought may be that you want to appeal your conviction. Television shows and movies often make it look simple — that if a judge or court got something wrong, it’s just a matter of filing some paperwork and you can have your conviction overturned. In real life, it isn’t that easy. Filing an appeal is complex, and time-consuming. As a criminal defense lawyer in Riverside, CA can tell you, California law only allows you to appeal for certain reasons. Read on to learn more about the grounds for appeal in California.
An appeal is a request that a defendant in a criminal case makes to a higher-level court (usually referred to as an appellate court, or court of appeals) to review a decision of a lower court (the trial court). An appeal is not a new trial. The appellate court does not look at new evidence, hear testimony from witnesses, or re-try the case. Instead, the appellate court reviews the legal proceedings to determine if there were any legal errors that prejudiced the right of either party. This includes reviewing the trial transcripts, any evidence presented in the case, and the arguments presented by the attorneys.
In order to win an appeal, you must show that a legal error occurred at the trial court level. In addition, this legal error must have prejudiced one or both of the parties. Prejudice can be proven by showing that there was a reasonable probability that the legal error made a difference in the outcome of the case. For example, if the judge applied the wrong legal standard in deciding whether to admit evidence in your case, and the evidence that was wrongfully admitted led to your conviction, that was likely prejudicial legal error. However, if the evidence that was wrongfully admitted was not particularly relevant and did not contribute to the jury’s decision to convict, then it was likely not prejudicial legal error.
There are a number of potential ground that you could potentially file an appeal on under California law. An experienced criminal defense lawyer in Riverside, CA can work with you to decide if your case contained prejudicial legal error. Grounds for appeal may include:
- Improper admission or exclusion of evidence
- Ineffective assistance of counsel
- Prosecutorial misconduct
- False arrest
- Sentencing errors
If the appellate court decides that there was prejudicial legal error in your case, there are three possible remedies. The first is that the conviction will be reversed. The second is that the appellate court will order a new trial. The third is that the case will be remanded, which means that the case will be sent back to the trial court with instructions on how to fix the legal error.
if you have been charged with a crime, having an experienced criminal defense lawyer in Riverside, CA can help you get the best possible outcome for your case. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
