APPELLATE LAWYER ORANGE COUNTY | CRIMINAL APPEALS ATTORNEYS SOUTHERN CALIFORNIA

Appellate Lawyer OC | California Appeals |Appeals Lawyer

A criminal appeal can be filed when someone is convicted of a crime and feels there was a mistake in the trial.

Trial errors are unintentionally made in a number of ways by attorneys, jurors and/or judges:

• Evidence may have been used against the person but shouldn’t have
• Evidence that might have helped the person was wrongly kept out of the trial
• The wrong law might have been applied
• An attorney may have made an inappropriate argument
• The jury instructions may have confused the jurors
• The sentence was not appropriate for the crime

A criminal appeal gives the convicted person a second chance to obtain justice. When an error is discovered, it could be overturned or overruled so that the court’s decision is reversed.

If the conviction is reversed, the convicted person may get his/her sentence reduced or get a new trial.

California Law

Under California law, a criminal appeal can be filed by a convicted individual or his/her lawyer within 60 days of the conviction. Usually, the individual will hire an appellate lawyer to file the appeal.

The entire process starts when a notice of appeal is filed in the court where a conviction or ruling occurred. After that, a copy of all the criminal trial papers and testimony are gathered and filed with the appropriate California Court of Appeals.  

An Appeal Requires Expertise

The California criminal appeal process is a very specialized, complicated process that demands appellate expertise on the part of the attorney. It involves extensive research and written and oral arguments, and can often take a year or more.

The procedures are different from the trial court process and include the following steps:

After the notice of appeal is filed, the “record on appeal,” or transcripts, are prepared and filed by a court clerk and reporter.

An “appellant’s opening brief” is then prepared by the attorney, who has found the errors, researched relevant law and cases, and written a brief containing the “grounds for appeal;” the reasons why the decisions should be overruled.

A “respondent’s brief” is then filed by the prosecution, and a good appeal lawyer then files an “appellant’s reply brief” in response to the prosecutor’s arguments.

Three judges in the Court of Appeal then hear the “oral arguments” on both sides.
 
Months after the arguments, the court makes its decision or “opinion” on the case.

If an appeal loses in the California Court of Appeals, it may be taken to the California Supreme Court. But, these cases are rarely accepted (approximately 125 per year).

Work with an Experienced Appellate Lawyer

In the California Court of Appeal, you need the best representation possible to help you win.

At the Law offices of Michael L. Guisti, your case will be handled by Mr. Michael L. Guisti, a respected California appeal lawyer with extensive criminal defense experience. California appeal Attorney Mr. Guisti has successfully argued numerous cases before the California Courts of Appeal and the California Supreme Court.

Don’t let your right to a criminal appeal slip away.

Contact a Southern California Criminal Appeal Attorney today to schedule a free initial consultation.

Southern California Criminal Defense Attorneys

Orange County, Los Angeles Criminal Lawyers

It is important to get a lawyer on your side quickly to protect your rights and work on your behalf. Contact us for a free consultation with Attorney Michael L. Guisti or our other attorneys. Once you become our client, our Attorney will personally work on your case.

For a free confidential consultation, and for further information regarding how our California criminal defense attorney can put many years of criminal law experience to work for you, e-mail us, call us at 714-530-9690, or visit our Orange County office.

Southern California Applellate Lawyers with Vast Criminal Appeal Experience

If you have any legal problems, we encourange you to contact us as soon as possible. For free consultation, CALL today at (888) 478-8999 or (714) 530-9690.