Appellate Attorneys to Appeal Your California Felony or Federal Offense Conviction
Any defendant convicted of a felony crime in California can file a criminal appeal if they feel legal mistakes were made during their trial. Under California law, a criminal appeal must be filed within 60 days from the date of conviction. Normally, convicted defendants will retain an appellate attorney to file their appeal. This is a complex issue and timing is crucial, so you need to contact our law firm as soon as possible to examine the specific details of your case.
What Is A Criminal Appeal?
An appeal is a legal argument presented to a higher court, such as California Supreme Court or Federal Circuit Court of Appeals, to determine if the court made an errors in the interpretation of the law. It is a legal process where a panel of judges will review the proceedings at trial. If the appellate judges are able to find legal errors that happened during trail, they possess the legal authority to reverse a conviction. Trial errors are usually unintentionally and can be made in a variety of ways, including:
- Exclusion of important evidence for the defense
- Allowing evidence that should have been excluded
- Giving jury incorrect or confusing jury instructions
- Any act of juror or prosecutorial misconduct during the trial
- The sentence received was not appropriate for the crime
- Any constitutional violations
A criminal appeal can give a convicted defendant another chance to obtain justice. If an error or mistake is discovered, then the conviction can be overturned and a new trail ordered. It is also possible to have a sentenced reduced.
Understanding the Criminal Appeal Process
A criminal appeal is very different from a trial. The appeal process begins when an attorney files a “notice of appeal” in the trial court. After the trial transcripts are prepared, the appeals lawyer will review all the records to find any legal errors that could result in getting the conviction overturned. If errors or trial mistakes are discovered, the attorney will file “briefs” in the appeals court. The briefs will specifically identify the errors located and will argue to the appeals court why the conviction should be overturned.
Petition for Writ of Habeas Corpus
A habeas corpus petition is similar to an appeal, but it usually based on evidence that was not presented at the defendant's trial. The most common arguments in a habeas corpus petition are that the conviction should be overturned due to ineffective assistance of counsel or there is newly discovered evidence. A Petition for Writ of Habeas Corpus will legally challenge the custody of the defendant and requests that a Writ of Habeas Corpus issue to correct the violation and release them from custody.
Contact a California Appellate Lawyer
At Eisner Gorin LLP, we have handled many types of appeals and habeas corpus petitions throughout the State of California, including:
- Felony appeals in the Court of Appeals and the Supreme Court
- Federal conviction appeals in the Ninth Circuit Court of Appeals
- Writ of babeas corpus petitions in all California courts
- Federal habeas corpus petitions in all California federal courts
In the California Court of Appeal or the Federal Ninth Circuit Court of Appeals, you need and experienced appellate lawyer to have the best possible chance at a positive outcome. At our law firm, we have a successful track record of success over our many decades of practice The legal rules and procedures in appeals and a habeas corpus petition are complex. Therefore, you need a lawyer who has extensive knowledge in this area of law. Otherwise, you may compromise your ability to have your conviction overturned.
Free Case Evaluation 24/7
Call our law firm, anytime 24/7, for a free consultation to learn how we can help you. We handle appeal cases Los Angeles County, Orange County, Ventura County, Riverside County, San Bernardino County, and throughout the State of California.