Fullerton Criminal Appeals Attorney
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Fighting to Overturn Your Conviction in Southern California
Have you been convicted of a felony or misdemeanor? If so, do you feel that you may have been unjustly convicted? If that’s your situation, then you may be able to file an appeal to a higher court. The appeal process can be tedious and can be drawn out at length in the courts, but can result in a conviction being vacated or overturned. If you’re seeking appellate representation for a criminal case, then contact an experienced Fullerton criminal appeals attorney.
What is a Criminal Appeal?
A criminal appeal is a process by which a convicted defendant can challenge their conviction or sentence in a higher court. The appellate court will review the case and make a decision based on the legal and factual issues presented. If the appeal is successful for the defendant, then the conviction may be overturned and the case will proceed back to the trial court level.
Are There Any Time Limits to File an Appeal?
A notice of appeal must be filed in the trial court to initiate the appellate process. It is ordinarily filed by the defendant or their lawyer, and it must be filed within a specific time period after the conviction and sentence. In a felony case, the notice of appeal must be filed within 60 days of the judgment. In a misdemeanor case, the notice of appeal must be filed within 30 days from the judgment.
Must a Notice of Appeal State Certain Grounds?
In California, a notice of appeal in a criminal case must state the specific grounds for an appeal. These grounds are the legal reasons why the defendant believes their conviction or sentence should be overturned or modified.
It is important to note that the defendant must clearly state the grounds of appeal in the notice of appeal, otherwise the court may dismiss the appeal. Additionally, the grounds of appeal must be supported by the evidence in the trial record and the applicable law.
What are Common Issues Raised on Appeal?
- The trial court made an error of law or procedure that prejudiced the defendant’s case.
- Ineffective assistance of trial counsel.
- The defendant’s constitutional rights were violated.
- The evidence presented at trial was not legally sufficient to support a conviction.
- A judge read incorrect instructions to the jury.
- The sentence imposed by the court was illegal.
- Prosecutorial misconduct.
What are the Different Standards of Review
In California, there are three different standards of review that can be applied to a criminal appeal: the substantial evidence standard, the de novo standard, and the harmless error standard. It’s important to note that the standard of review will depend on the specific issue being appealed and that not all issues will be reviewed under the same standard.
Substantial Evidence
The substantial evidence standard is used to review the sufficiency of the evidence supporting a conviction. Under this standard, the appeals court will review the evidence presented at trial to determine whether there is enough evidence, when viewed in the light most favorable to the prosecution, to support the conviction. If there is substantial evidence to support the conviction, the appeals court will not overturn it.
De Novo
The de novo standard is used to review issues of law or mixed questions of law and fact. Under this standard, the appeals court will independently review the trial court’s decision without giving deference to the trial court’s ruling.
Harmless Error
The harmless error standard is used to review errors that occurred during the trial. Under this standard, the appeals court will determine whether the error was harmless, meaning it did not affect the outcome of the trial. If the error was harmless, the conviction will be upheld.
Enlist the Help of a Fullerton Criminal Appeals Attorney
At the Law Offices of John D. Rogers, we are familiar with the appellate courts and how to challenge your conviction. There is still an opportunity for a convicted defendant to be free of criminal charges. Our defense firm provides the commitment necessary to successfully conquer the charges so you can move forward with your life.
Attorney John D. Rogers is a board-certified criminal law specialist by the State Bar of California. Give his office a call to discuss your appeal with an experienced Fullerton criminal appeals attorney.
