Los Angeles Criminal Appeals Attorney Answers your FAQs
1. Will I remain in custody during my appeal?
If you are convicted of a misdemeanor and you file a Notice of Appeal, you are entitled to remain free from custody after posting reasonable bail. Based on my experience as a Los Angeles criminal appeals attorney, I can tell you in advance that the appeals process is lengthy, and you will be allowed you to return to work, school and family in hopes that your conviction is reversed.
However, if convicted of a felony, it is up to the discretion of a trial court judge to determine whether or not you remain out of custody during the appeals process. If the judge believes that you are not a flight risk, meaning that you will not try to avoid prosecution by fleeing from the jurisdiction, and that you have a good chance of prevailing on your appeal then the judge may allow you to post reasonable bail to remain out of custody while your appeal is pending.
It is very unusual, however, for a judge to allow someone convicted of a felony to post bail during the criminal appeals process. For more details, see California Penal Code Section 1272.1.
2. What options do I have if the reviewing appellate court affirms my conviction?
If the Court of Appeals affirms your conviction, this means that they do not believe that you should be entitled to a new trial or that your sentence should be reduced. In this event, your criminal appeals attorney may petition for a rehearing within 15 days of the court’s decision.
If your Petition for Rehearing to the Court of Appeals fails, you can file a Petition for Review in the California Supreme Court within the 10 days after the Court of Appeals decision becomes final. If the California Supreme Court turns down your request you may still be able to pursue additional appellate remedies in the federal courts.
3. Is an appeal the same as getting a second trial?
No, it is very different. In an appeal, there is no jury, no witnesses, and no live testimony. When reviewing your case, the appellate courts look at the record that was produced at trial. The appeals process is based solely on written briefs and oral arguments that contend the trial court made a mistake on a particular matter that resulted in a wrongful conviction.
4. What happens in most cases if the court of appeals reverses the conviction of the accused?
When an appellate court decides to reverse the trial court, the case typically becomes “remanded.” This means the case is sent back to the trial court for further proceedings. In most cases, this means the defendant will receive a new trial or, if the witnesses can no longer be found, the prosecution can decide to dismiss the charges. Typically what occurs is the prosecutor, in order to avoid a new trial, will make a “plea bargain,” or an agreement, that is much more favorable to the accused than the sentence that had been previously imposed by the court.
Contact an experienced Los Angeles criminal appeals attorney today
Wallin & Klarich has over 40 years of experience aggressively representing clients facing all types of criminal charges in Southern California. If you or a loved one has been convicted of a crime in California, and you wish to file for an appeal, contact our experienced Los Angeles criminal appeals attorney. With offices in Los Angeles, Orange County, Riverside, San Bernardino, Victorville, Ventura, West Covina and San Diego, our attorneys will provide you with the immediate assistance you need.
Call us today at 877-4-NO-JAIL. We will be there when you call.