I Won My Appeal in California Appellate Court. What Happens Now?
If you were convicted of a crime and appealed the judgment to a California appellate court and the judgment was reversed, you have successfully appealed your conviction.
The appellate court may have found that certain evidence should not have been admitted at your trial or there were errors or misconduct on the part of the trial judge, prosecutor, defense attorney, or the jury.
Though you may feel that a heavy burden has been lifted, there is still work to do to make sure your case is fully resolved. If you or a loved one was convicted of a crime and is considering filing an appeal, it is important to retain an experienced Wallin & Klarich attorney as soon as possible to begin work on your case.
What Happens After I Win My Appeal in California?
When an appellate court decides to reverse the trial court’s decision, the case is “remanded,” or sent back, to the trial court. This means you may receive a new trial.
An Appeal by the Prosecution
If you win your appeal, the prosecutor has the option of appealing the appellate court’s decision to a higher court, like the California Supreme Court. However, the prosecution often offers you a deal.
A Deal with the Prosecution
Sometimes, the prosecutor will offer you the opportunity to plead guilty to an offense with a sentence of “time served.” This can benefit you if you do not want to risk being convicted again if the case is retried and your first priority is being free from custody.
Typically, the prosecution will want to avoid a new trial and offer a plea bargain, an agreement that will be much more favorable to you than what was previously decided by the trial court.
Dismissal of the Charges
If the appellate court rules that certain evidence or a confession should not have been admitted at trial, and it appears that you cannot be convicted without the use of that evidence, the prosecutor may decide to dismiss the charges against you. However, this rarely occurs, as the prosecutor rarely decides that a defendant is innocent.
If a witness or witnesses in your trial can no longer be found or no longer want to testify in your new trial, the prosecution may decide to dismiss the charges against you.
Call the Los Angeles Appeals Attorneys at Wallin & Klarich
If you or a loved one wants to appeal a criminal conviction, it is critical that you speak to an experienced criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 40 years of experience in appealing all types of criminal convictions in Southern California. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
I was found guilty on charges 25400(a)(1), 25850(a). I have filed an appeal. The defense didn’t prove the allegations. In fact didn’t have to prove I was guilty. The judge denied the jury the police report such would have gotten me a non guilty, there were 4 people in My car and no statmemts taken, evidence was tampered with by the officer placing my gun in his rear pocket so they were not able to pull prints My attorney had me take the stand and in doing so I incriminated myself by admitting I’m the fun owner. I have been given 540 hrs of community service that started 06/23/2016 that I have to complete by 08/26/2016. Impossible. Also if I win my appeal how will I get my time and monies I’m forced to pay, back?
Hi Cindy,
You will need to speak to one of our experienced attorneys about your options. Please contact us at (877) 466-5245 for a free phone consultation so we can discuss this in detail.
Thank you