Long Beach Criminal Appeals Attorney
The Law Offices of John D. Rogers specializes in handling criminal appeals throughout California, including residents in Long Beach, CA. We individuals who have been convicted of a crime in the trial court to appeal the decision to a higher court. Contact us today to schedule a free consultation with an experienced Long Beach criminal appeals attorney.
Our office can help individuals who believe that their conviction was the result of legal errors, misconduct by the prosecution, or that the sentence imposed was illegal. We will review the case and identify any legal issues that can be raised on appeal. We will also prepare and file the necessary legal briefs and argue the case in front of the appellate court.
It’s important to note that the appeals process is different from the trial process, and it requires a different set of skills and knowledge. A criminal appeals lawyer must have experience in appellate practice, and they must be familiar with the specific rules and procedures that apply to appeals in the state of California.
It’s important to act quickly if you plan to appeal your criminal case because there are strict deadlines for filing an appeal in California.
Appeals in California Felony Cases
The appeals process for felony criminal cases in California begins with the filing of a notice of appeal within 60 days of the judgment or sentence being entered. The notice must be filed in the trial court, and a copy must be served on opposing counsel. After the notice of appeal has been filed, the appellate court will schedule a hearing and the parties will have the opportunity to submit briefs outlining the legal issues in the case.
The appeals court will then review the record of the trial court proceedings and the briefs filed by the parties. The appeals court will make a decision based on the legal issues presented in the case and will either affirm the conviction and sentence, reverse the conviction, or remand the case for a new trial.
It’s important to note that the standard of review in a felony criminal appeal is different from that of a trial. The appellate court will not re-try the case, but will only consider the legal issues and the evidence presented in the lower court. The appellant will have to prove that there were legal errors that resulted in a prejudicial effect on the outcome of the case. Also, the appeals process can be lengthy, and it may take several months or even years for the case to be decided by the appellate court.
Additionally, California has a three-tier system of appeals. The first level of appeal is the Appellate Division of the Superior Court, and the next level is the California Court of Appeals. The final level of appeal is the California Supreme Court, but it has the discretion to accept or deny the case for review.
Appeals in California Misdemeanor Cases
The appeals process for misdemeanor criminal cases in California begins with the filing of a notice of appeal within 30 days of the judgment or sentence being entered. The notice must be filed in the trial court, and a copy must be served on the prosecution. After the notice of appeal has been filed, the appellate court will schedule a hearing and the parties will have the opportunity to submit briefs outlining the legal issues in the case. The misdemeanor process is generally similar to the felony process. However, the appellate court begins in the appellate division of the Superior Court.
Common Issues Litigated in the California Appellate Courts
There are many potential issues that can be raised in a California criminal appeal, but some common issues include:
- Illegal search and seizure: This issue can be raised if the defendant claims that their constitutional rights were violated because the police conducted an illegal search or seizure of evidence.
- Insufficient evidence: This issue can be raised if the defendant claims that there was not enough evidence to support their conviction.
- Jury misconduct: The jury engaged in misconduct, such as considering extraneous information or failing to follow the judge’s instructions.
- Improper jury instruction: The judge gave improper or confusing instructions to the jury, which may have affected the outcome of the trial.
- Ineffective assistance of counsel: Trial counsel did not provide adequate representation, such as failing to object to improper evidence or failing to call key witnesses.
- Sentence issues: The sentence imposed by the lower court was not in accordance with the law.
- Prosecutorial misconduct: The prosecutor engaged in misconduct, such as withholding exculpatory evidence or making improper statements during trial.
It’s important to note that appeals are complex and it’s not guaranteed that any of these issues will be successful, but it depends on the specific facts of the case, the legal arguments, and the standard of review in each case. An experienced criminal appellate attorney can help to identify the issues and to argue them effectively in front of the appellate court.
Contact an Experienced Long Beach Criminal Appeals Attorney
If you have been convicted of a crime in Long Beach, California and you believe that your conviction was the result of legal errors, misconduct by the prosecution or the defense, or that the sentence imposed was excessive, you may want to consider filing an appeal. To do so, you should contact an experienced Long Beach criminal appeals attorney who can help you navigate the appeals process and represent you in front of the appellate court. Contact us today to schedule a free consultation.