Need to appeal a conviction or sentence? Chambers Law Firm is here for you.
Although the criminal justice system is designed with many protections to help ensure the fairness of the process and the accuracy of rulings, it is not perfect. Key players such as judges, juries, prosecutors, and defense lawyers can accidentally or deliberately take actions that result in a miscarriage of justice. Fortunately, you are not at the mercy of mistakes or misconduct. If you believe you have been wrongfully convicted, you can enlist Chambers Law Firm to help you file an appeal.
Understanding the Appeals Process
An appeal is not a whole new trial. Instead, it is a limited review of the proceedings to see if any legal errors were made in the pre-trial investigation, trial, or sentencing hearing. If errors were made, the appellate court will then consider if these errors were prejudicial and may have affected the outcome of the case. The specific types of legal errors that can justify an appeal include:
- False arrest
- Improper admission of evidence
- Improper exclusion of evidence
- Insufficient evidence
- Ineffective assistance from the original defense attorney
- Prosecutorial misconduct
- Jury misconduct
- Sentencing errors
In California, you have 30 to 60 days from the date of your original court judgment to file an appeal, depending on the nature of your conviction. You may qualify to be released on bail while you wait for your appeal to be decided.
What Happens When You Win an Appeal?
Winning an appeal typically results in one of three remedies:
- Reversal: The appellate court will reverse your conviction and dismiss the charges against you.
- New Trial: The appellate court will order a new trial to provide a chance for your entire case to be reheard and tried fairly.
- Remand: The appellate court will send your case back to the lower court with instructions on how to fix a specific error, such as a sentencing error. This remedy does not involve retrying the entire case.
At Chambers Law Firm, we have ample experience in the California appeals process. We know how to scrutinize cases for the types of errors that will justify an appeal as well as how to effectively present arguments that will give our clients the best possible chance of winning their appeal.
Is it Possible to Appeal an Appeal?
Yes. If you believe the appellate court has rule incorrectly or unfairly, it is possible to petition for a rehearing or apply to the California Supreme Court for a review.
Call Now to Learn More
Because there are different requirements for California misdemeanor and felony appeals—and for federal appeals—it is extremely important to have an experienced appeals attorney on your side from the very beginning of the process. At Chambers Law Firm, we have the expertise you need. Call us at 714-760-4088 now to learn more about your rights and options when appealing a California or federal conviction.