California Criminal Appeals Lawyers

What You Need to Know About Appeals

A criminal appeal is a formal request to rehear a case that has already been decided -- a request that a new court reconsider the decision of the first court. When one or both sides of a case that has already been decided think there was a mistake made at trial, they can file an appeal. If you were convicted at your first trial, but feel that justice was not done or somebody made a mistake that could have changed the outcome, a criminal appeal is often your best option. But you must move quickly -- California law gives criminal defendants just 60 days from the date of their sentencing to file a notice of appeal.

It is essential that you consult with an experienced appellate law firm before deciding who should represent you or your loved on in your appeal. It is almost always better to have a different lawyer (other than the lawyer who did your trial) do the appeal. This is because the trial lawyer may not realize some of the errors that occurred during the trial.

There are many issues that must be examined when a law firm determines what legal grounds there may be for winning your appeal. Some of those legal grounds deal with "legal errors" that may have occurred during the trial. This could be improper rulings the trial judge made to include or exclude key evidence. It could be the trial court giving improper jury instructions to the jury. Another common ground in many appeals is either juror misconduct or prosecutorial misconduct. But grounds for an appeal can also center on the quality of your representation or other circumstances that may have resulted in you not having received a fair trial. Upon receiving your case, the team of Orange County criminal appeals attorneys at Wallin & Klarich will thoroughly review the transcript of your trial, court filings and other documents to look for all potential grounds for appeal. Our California appeals lawyers will then present you with a comprehensive list of your options and help you decide how to proceed.

Once that decision is made, Wallin & Klarich will prepare an appellate brief to present to the appeals court. This brief will lay out and support our legal arguments about why your conviction should be overturned. Often, the court will ask our attorneys to come to the court and argue the case in person. The final decision by the court of appeal often comes between 12 and 18 months after the defendant was sentenced. If the court reverses your conviction you will be entitled to a new trial. If the court affirms your conviction there are other options that may be available which you can discuss with your Wallin and Klarich appellate attorneys.

An appeal is entirely different than a jury trial. There is no "testimony taken". The court of appeals decides the case entirely upon the written briefs filed by your attorney and the Attorney General's office who always represents the prosecution and asks that the conviction be upheld. It is vital that you retain the services of a law firm that has years of criminal appellate experience. Wallin and Klarich have been handling criminal appeals for almost 30 years. Wallin & Klarich has the experience and understanding of the law to maximize the chances that your appeal will be a success.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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