Newport Beach Criminal Appeals Attorney
Attorney John D. Rogers is a skilled Orange County criminal defense attorney whose practice also consists of criminal appellate work. He is a board-certified criminal law specialist by the State Bar of California. This rare distinction is only held by a small percentage of defense lawyers in California. If you were convicted of a felony or misdemeanor, then appealing your case may be your last chance to clear yourself. Contact us today to schedule a consultation with an experienced Newport Beach criminal appeals attorney.
What is an Appeal?
A criminal appeal is a legal process by which a defendant can challenge their conviction or sentence in a higher court. In most instances, criminal appeals are heard by the California Court of Appeal or the Appellate Division of the Orange County Superior Court.
Moreover, felony convictions are appealed to the Court of Appeal. Whereas, misdemeanor appeals are heard in the appellate division of the superior court.
The appellate court will review the record of the trial to determine if any prejudicial errors occurred that would warrant reversing the conviction or reducing the sentence. If the appellate court upholds the conviction, the defendant may be able to seek further review from the California Supreme Court.
What are Common Appellate Grounds in California?
Common criminal appellate issues raised on appeal in California include:
- Jury Instructional Error
- Lack of Sufficient Evidence
- Errors at Sentencing
- Constitutional Violation e.g., denial of a motion to suppress.
- Improper admission or exclusion of evidence
- Prosecutorial misconduct
- Ineffective assistance of trial counsel
- Errors in the application of the law
- Juror misconduct.
Important Deadlines to File A Notice of Appeal
A criminal appeal is initiated once a notice of appeal is filed in the trial court. A notice of appeal must be filed within 60 days from the date of sentencing. However, a notice of appeal must be filed within 30 days from the date of sentencing in misdemeanor cases. These are important deadlines that are strictly enforced. Failing to file a notice of appeal on time can result in the loss of your right to appeal.
We Handle Criminal Appeals for Felony and Misdemeanor Cases
In California, both felony and misdemeanor convictions can be appealed to a higher court. The appeals process allows you to challenge your convictions and sentences on various grounds, such as errors in jury instructions, insufficient evidence, or constitutional violations. The appeals process is separate from the trial and is generally handled by experienced Newport Beach appellate attorneys. Additionally, the appeals process can be costly and time-consuming, but it may also lead to a reversal of the conviction or a reduction in sentence.
Does the Appellate Court Apply Different Standards?
In California, there are different standards of review that are applied to criminal appeals, depending on the nature of the issue being appealed. It’s important to note that these are the general standards, but they can vary depending on the specific issue being appealed. The three most common standards of review are:
Substantial Evidence Standard
This standard is used to review the sufficiency of the evidence presented at trial. The appellate court will uphold the conviction if there is substantial evidence, that is, evidence that is reasonable, credible, and of solid value, to support it.
Harmless Error Standard
This standard is used to review errors that occur during the trial but do not affect the outcome of the case. The appellate court will uphold the conviction if the error was harmless, that is, if it is not reasonably probable that the error affected the outcome of the trial.
De Novo Standard
This standard is used to review issues of law, such as the correctness of jury instructions. The appellate court will independently review the legal issue and make its own determination, without giving deference to the trial court’s decision.
Contact an Experienced Newport Beach Criminal Appeals Attorney
If you were convicted in a trial court, then you should seek the assistance of an appellate lawyer as soon as possible. An appeal is generally the last chance for someone to clear themselves or to have another trial. Appeals are complex that require significant legal research and the time necessary to formulate persuasive arguments to the Court of Appeal.
Contact the Law Offices of John D. Rogers today to schedule a free confidential consultation with an experienced Newport Beach criminal appeals attorney.