Writs & Appeals
Newport Beach Criminal Appellate Lawyer
It’s not uncommon for judges to make legal errors during a case. However, the only avenue in reviewing a judge’s ruling is to seek review in a higher court. Therefore, it’s important for you to retain an attorney who is not only competent but has the resources available to review transcripts, conduct legal research, and draft a persuasive brief against the trial court’s ruling. You may also be interest in reviewing other avenues of post-conviction relief such as:
- Motion for a New Trial
- Reducing Felony to Misdemeanor
- Early Termination of Probation
- Certificate of Rehabilitation
Overview of Writs & Appeals in California
An appeal is the course of reviewing a trial judge’s rulings after there has been a finding of guilt. For instance, a defendant convicted of battery in a jury trial will ultimately file an appeal in an effort to reverse the conviction and obtain a new trial. A writ on the other hand is the course of reviewing a trial judge’s decision while the case is still pending and before any judgement is final within the case. For example, if a critical motion is denied, your criminal appeals attorney will file an emergency writ requesting the appellate court review the trial judge’s decision on the motion. Writs are not commonly filed because the process is so tedious and the time devoted to drafting a writ is generally used for defense strategies and preparation for trial. Common issues raised within the appellate court are:
- Ineffective Assistance of Counsel
- Prosecutorial Misconduct
- Instructional Error
- Jury Misconduct
- Insufficient Evidence
- Prejudicial Evidentiary Error
- Unlawful Search and/or Seizure
The first step of filing an appeal or writ is to file in the California Court of Appeal. If the writ or appeal is denied then you must file a petition for review in the California Supreme Court. In the event a federal question is raised, and all state appellate rights have been exhausted, most appellate attorneys will file for review in federal district court and thereafter in the United States Court of Appeal for the Ninth Circuit.
Contact Us to Schedule a Free Consultation with an Newport Beach Criminal Appellate Lawyer
If you have been convicted of a crime and wish to seek appellate relief, then contact the Law Offices of John D. Rogers to speak with an Newport Beach criminal appellate lawyer. Our office is located in Newport Beach and we provide free confidential consultations. Contact us right away as there are time limitations when filing either an appeal or writ. Failing to file within the strict time limits will forfeit your right to appellate review.
Attorney John D. Rogers is a board certified criminal law specialist. This is a prestigious distinction that less than 2% of California criminal defense lawyers have achieved. He has unmatched success in defending his clients in all types of criminal cases.