How do I get an appeal in California?

A criminal trial is often a very lengthy and complex process that must abide by a number of substantive laws and procedural rules. Because of this complexity, there is a fairly high potential for error. At any point during the trial, the judge or a trial attorney can make an error or mistake that may unduly damage a party’s case. As a result, courts will sometimes convict innocent people. Fortunately for those who are wrongfully convicted, there are opportunities to overturn the wrongful conviction and receive a chance for a fair outcome. This is accomplished through the appeals process.

Generally, you will be allowed to appeal any trial court decision by taking it to a higher court for review. In making an appeal, you are asserting that you were wrongfully convicted largely because of an error or mistake made by the trial court. Common errors and mistakes include juror misconduct, prosecutorial misconduct, wrongfully admitted evidence, harsh sentences, or incorrectly applied laws. California law, however, provides a very small window of time to file an appeal. If you were convicted of a felony crime, you will have 60 days from the imposition of the sentence to file a notice of appeal. For misdemeanor offenses, you will have only 30 days to file your notice of appeal.

For more information, go to www.wklaw.com and read our Appeals section. You will find invaluable information regarding the steps and procedures that go into successfully appealing your conviction.

The appeals process can be a very slow process that can take years to complete. Without the aid and knowledge of an experienced appeals attorney, the whole undertaking can be overwhelming. Our appellate lawyers at Wallin & Klarich have over 30 years of experience handling difficult appeals cases and will work diligently to file a timely appeal that will help you overturn your conviction. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

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