Westminster Criminal Appeals Attorney
Attorney John D. Rogers is a skilled Orange County criminal defense lawyer 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 group of defense attorneys in California. If you were convicted of a felony or misdemeanor, then appealing your case may be your only chance to clear yourself. Contact us today to schedule a consultation with an experienced Westminster 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. Generally, criminal appeals are heard by the California Court of Appeal or the Appellate Division of the Orange County Superior Court. The appellate court will review the record of the trial to determine if any errors were made 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:
- Insufficient evidence to support a conviction
- Errors in jury instructions
- Improper admission or exclusion of evidence
- Sentencing errors
- Constitutional violations
- Prosecutorial misconduct
- Ineffective assistance of counsel
- Alleged errors in the application of the law
- Juror misconduct.
Important Deadlines to File A Notice of Appeal
In order to initiate an appeal for either a misdemeanor or felony offense, the defendant must file a notice of appeal. In a felony case, the notice of appeal must be filed within 60 days from the judgment (sentencing). In a misdemeanor case, the notice of appeal must be filed within 30 days from the judgment. It is important to note that these deadlines are strictly enforced, and failure to file a notice of appeal within the appropriate timeframe will typically result in the loss of the 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 defendants to challenge their 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 appellate attorneys. Additionally, the appeals process can be costly and time-consuming, but it can also lead to a reversal of the conviction or a reduction in sentence.
Contact an Experienced Westminster Criminal Appeals Attorney
If you were convicted in a trial court in Westminster, then you should seek the assistance of an appellate lawyer. An appeal is generally the last resort to clear yourself or to relitigate an issue or trial. Appeals are complex that require 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 Westminster criminal appeals attorney.