It May Not Be Too Late to Appeal Your Criminal Conviction
At Wallin & Klarich, we’ve represented thousands of clients who feared their criminal case was over after a conviction. Many of them asked: Is it too late to appeal? The truth is, as the recent reversal in the Etan Patz case shows—sometimes, it’s not too late at all.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
A Conviction From a 1979 Case—Overturned in 2025
In a stunning development, a federal appeals court just overturned the conviction of Pedro Hernandez, the man accused in one of America’s most infamous child disappearance cases. Hernandez had been serving 25 years to life for the murder of 6-year-old Etan Patz, who vanished in 1979 while walking alone to his school bus stop in Manhattan. Hernandez was arrested decades later, in 2012, and convicted in 2017.
But now, in 2025, a federal court ruled that serious legal errors during his trial violated his rights—specifically, how the judge handled jury questions regarding his confession. The court concluded the jury was improperly instructed and that this prejudiced the outcome of the trial. As a result, Hernandez’s conviction was reversed, and a new trial has been ordered—46 years after the crime and more than a decade after his arrest.
What This Case Means for You
This case is a powerful reminder that even after a conviction, the fight isn’t necessarily over. If your trial involved legal mistakes, constitutional violations, or ineffective assistance of counsel, you may have the right to appeal—regardless of how long ago your conviction occurred.
In Hernandez’s case, his confession played a central role. He had a very low IQ and mental health issues, yet police interrogated him for hours without reading him his Miranda rights. Although he later confessed on video, the court found that jurors weren’t properly instructed on their ability to disregard all of his statements if the first one was illegally obtained. That mistake was enough to overturn his entire conviction.
What a Criminal Defense Attorney Can Do in the Appeals Process
The appeals process is very different from a trial. It doesn’t involve presenting new evidence or calling witnesses. Instead, it focuses on identifying legal errors that may have occurred during the trial that violated your rights or affected the outcome of your case.
A skilled criminal defense attorney can:
- Review the trial record for procedural errors, constitutional violations, or misconduct;
- Draft and file a compelling appellate brief arguing why your conviction should be overturned;
- Argue your case before appellate judges, either in state or federal court;
- Challenge the admission of evidence, like coerced confessions or illegally obtained statements;
- Pursue post-conviction relief, such as habeas corpus petitions, if new evidence or legal grounds arise.
Most importantly, an experienced attorney can help determine whether you still have time or grounds to file an appeal, and they can act quickly to preserve your rights before critical deadlines expire.
Why Experience Matters in Appeals
Appeals require deep knowledge of constitutional law, trial procedure, and appellate rules. In Hernandez’s case, the issue that led to reversal wasn’t about his guilt or innocence—it was about whether the legal process respected his rights. That’s where experienced criminal defense attorneys come in.
Contact Wallin & Klarich Today
At Wallin & Klarich, we’ve been defending the accused in California for over 40 years. We know how to spot the errors that can make or break a case on appeal. Whether it’s a faulty jury instruction, a coerced confession, or evidence admitted in violation of your rights—we understand how to build a strong case for appeal, even years after a conviction.
We have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
