Can You Appeal Your Sentence?
When a judge passes down a sentence, you may feel that this is the end of your case. However, it does not have to mean that your case is completely closed. The law is complicated and the correct procedures are not always followed. That is how you may be able to appeal the decision in your case.
You Have a Right to Appeal Your Sentence
Under California law, you have the right to appeal a decision in your case unless you waived that right as a part of a plea agreement. This means you may appeal your sentence as well as your verdict at the trial. Your appeals lawyer must initiate the appeal by filing a Notice of Appeal within 60 days of being given your sentence if you were convicted of a felony. If your conviction was for a misdemeanor crime, your attorney must file the Notice of Appeal within 30 days of your sentence.
The appeals process is not a new trial before a new jury or a higher court. An appeal is a review of your conviction or the sentence by the appeals court. No new evidence will be accepted and it is not a retrial.
When Will Your Appeal Be Granted?
One way that your appeal could be successful is if a judge made a mistake in applying the law to your case. This can happen when a judge applies the wrong sentencing factors or the wrong penalty provisions, or if he or she ignored any factors that the law requires to be taken into consideration when sentencing you.
It is rare, but being given too harsh a sentence is a valid reason for an appeal. A judge may impose a sentence that is not authorized by law or a sentence that is a significant departure from what a normal or similar sentence should be.
Keep in mind that winning your appeal is not a guarantee that your sentence will be changed or that you will no longer have to serve your sentence. You could be re-sentenced to the same sentence, a lesser one, or a harsher one. An experienced appeals attorney should notify you of the risks in appealing your sentence and whether you have a strong case for appeal.
Contact the Appeals Attorneys at Wallin & Klarich Today
Appealing your sentence in California is a difficult and complicated process. That is why it is important that you have an experienced appeals attorney guide you through the legal system. At Wallin & Klarich, our skilled criminal defense lawyers have more than 40 years of experience successfully getting appeals granted for our clients. We understand how to review your case thoroughly and argue that your sentence was unfair.
We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, Torrance, West Covina and Sherman Oaks, you can find a dedicated Wallin & Klarich attorney available near you no matter your location.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
