Criminal Appeals in Orange County
Under federal law, a convicted defendant has the right to appeal an unfavorable verdict. In California, the defending party has 60 days after being convicted to file for notice of appeal before your right to appeal the verdict expires and the verdict is made final. California law governing criminal appeals can be incredibly complicated. It takes years of study and experience for an Orange County appeals lawyer to master the intricacies of filing, preparing written and oral arguments, and drafting counterarguments. At Law Office of Michael L. Guisti, we have the experience necessary to help you challenge an unfair or wrongful conviction.
An appeal can only be made if the defendant can allege substantial error or errors made during the original trial by the judge, jury, and/or attorneys involved. Although criminal appeals are typically difficult to win, demonstrating that a substantial error of law was made can lead the appellate judges to alter or overturn the original verdict or sentence.
Appeals can be granted based on the following:
- Evidence that would have helped your case was disallowed for inappropriate reasons
- Evidence that hurt your case was allowed when it shouldn't have been
- The judge and/or jury applied the wrong law to your situation
- Either your attorney or the prosecutor argued the case incorrectly
- The jury delivered a confused verdict
- The sentence rendered did not fit the crime
At Law Office of Michael L. Guisti, we understand how to examine everything in the original trial record in order to make an appeal. These trial elements include:
- Motions filed
- Opening statements made by both sides
- Evidence filed
- Details of rulings
- Main arguments
- Sentences passed
"My brother was found guilty on a serious charge and was sentenced to life in prison. The prosecution purposely left something out that proved my brother was innocent. Attorney Michael L. Guisti worked to appeal the conviction and was able to get my brother’s conviction overturned. Thanks to Mr. Guisti my brother is a free man. Our family can’t recommend Mr. Guisti enough to people that have been done wrong by the justice system."
The appellate process can last a year or longer. Even losing an appeal, however, doesn't mean that you've exhausted all potential remedies. In some cases, particularly matters that speak to broad issues about the law, the case may be appealed to the state's highest court, The California Supreme Court.
Connect with Law Office of Michael L. Guisti to develop your best criminal appeal. Call our Orange County defense firm today at (714) 530-9690 for a free consultation.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.