January 30, 2024 By Paul Wallin

Criminal Appeals in Irvine, CA: When and How to Challenge Convictions 

Have you ever been convicted of a crime in California and wondered if there was any way to challenge or overturn your conviction? You may be surprised to learn that there is a process called criminal appeal specifically for this purpose.

Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Irvine and the rest of Southern California. Call us today at (877) 4-NO-JAIL for your free consultation!

What is a Criminal Appeal? 

A criminal appeal is a legal process by which a convicted individual can challenge their conviction by asking a higher court to review the decision made by the lower court. There are various grounds on which you can challenge your conviction through a criminal appeal. Some common grounds include:

  • Legal errors made by the trial court
  • Ineffective assistance of counsel
  • Newly discovered evidence that was not available during the trial
  • Misconduct by the prosecutor or jury

How the Criminal Appeals Process Works in Irvine, CA 

The criminal appeals process in California involves several key steps. It begins when a Notice of Appeal is filed with the trial court. This document, filed by you or your attorney, essentially states that you disagree with the court’s decision and wish to challenge it. The Notice of Appeal must be filed within 60 days of the conviction.

After the Notice of Appeal is filed, the trial court prepares the record on appeal, which includes transcripts of the trial and any other documents filed during the trial. This record is then sent to the Court of Appeal.

Once the appellate court receives the record, it sets a briefing schedule. This is when both sides submit briefs explaining their positions. The appellant (the person appealing the conviction) files their opening brief first, arguing why the trial court’s decision was wrong. The respondent (usually the state of California) then files a responding brief, arguing why the trial court’s decision was correct. The appellant can then file a reply brief that responds to the arguments raised in the respondent’s brief.

After the briefing is completed, oral arguments are scheduled. During oral arguments, attorneys for both sides present their cases to the Court of Appeal, summarizing their arguments and answering any questions the court may have.

Once the oral arguments are complete, the Court of Appeal will consider all the evidence and make its decision. This decision can affirm (uphold) the trial court’s decision, reverse it, or send the case back to the trial court for further proceedings.

Keep in mind that this process can take several months to over a year depending on the complexity of the case and the court’s schedule. It is highly recommended to seek the assistance of an experienced attorney to navigate this complex legal process.

How and When to Challenge a Conviction Through a Criminal Appeal 

In order to challenge your conviction through criminal appeal, you or your attorney must file an appeal with the appropriate appellate court within strict time limits. The deadline to file an appeal in California is generally 60 days after the final judgment of conviction. It is crucial to adhere to this timeline, as failure to do so may result in your appeal being dismissed.

It is important to note that not all convictions are eligible for criminal appeals in California. Generally, only final judgments of conviction can be appealed. This means that the trial court must have already imposed a sentence on the convicted individual. Additionally, not all legal issues can be challenged through an appeal. Some issues may need to be resolved through other legal processes.

How a Defense Attorney Can Help 

While it is possible to represent yourself in a criminal appeal, it is highly recommended that you seek the assistance of an experienced criminal defense attorney. Appeals can be complex and require extensive knowledge of the law. An attorney can help you navigate the appeal process and increase your chances of a successful outcome.

A proficient defense attorney is crucial when appealing a criminal conviction in Irvine. Foremost, they understand the intricacies of the California criminal justice system and can guide you through the often confusing and complex process. They will scrutinize your case, identify any legal errors or grounds for appeal, and prepare a compelling appellate brief on your behalf. Additionally, they will argue your case persuasively before the appellate court, highlighting any issues with the original trial. Should new evidence surface, your attorney can pursue its proper inclusion and argument in your appeal. Having a well-versed defense attorney by your side could significantly enhance your chances of a successful outcome in the criminal appeals process.

At Wallin & Klarich, you will never be left wondering what will happen next with your case. Our attorneys will help you through each step of the process, and figure out the best strategy for your case, which will help you get the best possible outcome. Our attorneys at Wallin & Klarich are here to help you. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

Contact Wallin & Klarich Today 

If you are wanting to appeal a criminal conviction, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

Practice area

  • Contact Us Now

    If you or a loved one have been accused of a crime, now is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.