What Is A Criminal Appeal?

A criminal appeal is your opportunity to have a higher court review the previous trial court’s decision for errors. The California Court of Appeals then reviews the prior proceedings for mistakes made by the judge, jury, or prosecutor. If the panel of judges finds that an error influenced your conviction, you could get a new trial, release from prison or jail, or a complete dismissal. We can examine your case and determine whether you have solid grounds for an appeal in Irvine.

However, time is limited to file an appeal, so you should consult with our appeal attorneys immediately. Choosing Wallin & Klarich to represent your case puts you in a better position to win your appeal. The paperwork is complex, and you have a very limited timeframe to file an appeal. However, your attorney can fill out all the necessary paperwork for you. We’ll back up our argument with solid evidence and highlight how the error affected the outcome. We have over 40 years of experience convincing the court to grant appeals for our clients in Irvine and the rest of Southern California. Call us today at (877) 4-NO-JAIL  for your free appeal consultation! 

Check out some of our successful appeals stories to get a better idea of our dedication to clients! 

Deadline To File A Notice Of Appeal

After a ruling is issued for your conviction, you have a very limited amount of time to file an appeal: 60 days for felony convictions and 30 days for misdemeanors. So, you need to consult with our knowledgeable appeals attorneys immediately. Doing so gives us more time to prepare everything you need for a successful appeal. 

Once you decide to move forward and retain our services, we’ll begin examining every detail of the trial. Then, your Wallin & Klarich lawyer will build the best strategy for your appeal. Get the help you need today! 

Do You Qualify For A Criminal Appeal? | Reasons To File

In order to file an appeal, you must establish solid grounds for your appeal. While you can file an appeal on your own, the wisest decision is to retain a skilled attorney. Wallin & Klarich has four decades of experience in this area of the law, and we’ve won numerous appeals. By contacting our office as soon as possible, you can quickly determine if you’re eligible to file and how we can help. 

Plus, we offer payment options to help you manage the cost of hiring an Irvine appeals attorney. 

We’ve pinpointed many errors over the last 40+ years, from judicial errors to prosecutorial misconduct.  Below are some of the main reasons your case may qualify for an appeal in California. 

Insufficient Evidence

Insufficient evidence is a ground for which your appeal may be granted. Insufficient evidence occurs when the prosecution did not set forth enough evidence to warrant a conviction. In this case, your attorney would argue that the jury based their decision on emotions rather than the facts. Juries are instructed to consider evidence presented in court; however, many jurors still base their decisions on emotion. A conviction based on emotion is a violation of California law as well as your rights. 

If the state wrongfully convicted you of a crime without sufficient evidence, our appeals lawyers at Wallin & Klarich are here for you! We’ll fight to protect your rights. Call us today for your free consultation. 

Prosecutorial Misconduct

Prosecutorial misconduct is another ground for which your appeal may be granted. Prosecutorial misconduct occurs when a prosecutor oversteps the guidelines California has established regarding what the prosecution can do and say during a trial. If there has been prosecutorial misconduct during your trial, it could impact the jury’s decision.  

Our attorneys have represented cases where prosecutorial conduct occurred. So, we know how to identify when it occurs. Instances of prosecutorial misconduct include:

  • Commenting on inadmissible evidence
  • Expressing personal opinions on your character or guilt
  • Commenting on your 5th amendment right to not testify
  • Eliciting improper answers from witnesses 
  • Withholding evidence that proves your innocence
  • Conducting improper cross examinations of you or witnesses

Under Penal Code 1181, the appellate court can declare a mistrial and grant you a new trial if the panel finds misconduct impacted the outcome of your trial. You should contact our office immediately to find out if this is a viable option for you. 

Juror Misconduct

Juror misconduct is another ground for which your appeal may be granted. Juror misconduct occurs when a jury member, or members, are not impartial. The 6th Amendment gives you the right to an impartial jury, so if a jury member, or members, were not impartial this could be grounds for an appeal. Examples of juror misconduct include:

  • Conducting an independent investigation with facts not presented in court.
  • Speaking to non-jury members about the case.
  • Speaking to other jury members when the jury is not engaging in official deliberations.
  • Refusing to deliberate.

Speak to one of our experienced attorneys today to see if juror misconduct occurred at your trial and if there are grounds for an appeal. 

Judicial Error

Judicial error is another ground for which your appeal may be granted. Judicial error occurs when a judge makes an error which could have a significant impact on the outcome of your case. Judicial errors in Irvine include:

  • Refusing to exclude prejudicial evidence
  • Refusing to allow reasonable evidence
  • Improper jury instruction
  • Displaying bias 

If you believe a judicial error occurred at your trial, contact our Irvine appeal lawyers today to determine if a judicial error influenced your trial. 

Ineffective Assistance Of Counsel (IAC)

Ineffective assistance of counsel is another ground for which your appeal may be granted. Ineffective assistance of counsel occurs when your defense attorney was ineffective. When asserting this as a grounds for an appeal, you must show evidence that your previous lawyer did not perform their duties. This includes but is not limited to not fighting in your best interests, not filing motions when applicable, not ensuring that you are informed and understand your rights.

Types of Legal Errors | Criminal Appeals

There are two types of legal errors: harmless errors and reversible errors. Harmless errors do not qualify for automatic reversal, and are instead examined through a complex analysis called a “harmless error” analysis. The outcome of this is determined on a case-by-case analysis.

Unlike harmless errors, reversible errors qualify for automatic reversal. If the appellate court finds a reversible error, the trial court will decide whether to retry or dismiss your case. Reversible errors include:

  • Refusing to let you call or hire a lawyer
  • Judicial prejudice against the defense
  • Keeping people off the jury due to their race, gender, etc. 
  • Refusing to let you represent yourself at trial  
  • Refusing your right to a public trial

For a more detailed explanation of each step of your appeal, call our experienced attorneys at Wallin & Klarich today for a consultation. 

Hire A Domestic Violence Defense Lawyer Who Understands

With so many defense lawyers to choose from, it is easy to choose the wrong one. When evaluating a domestic violence attorney, you need to consider their track record, if your best interests are their priority, and their experience. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to show what separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice
  4. Specialized Legal Expertise

Trusted Legal Advocates | The Wallin & Klarich Difference

You need to be able to trust your domestic violence attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a domestic violence lawyer who understands the best way to negotiate inside and outside of court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat false domestic violence accusations in Irvine, CA. Contact us today toll-free at (877) 4-NO-JAIL or (949) 776-3424 for a free consultation with a local domestic violence attorney that you can trust!

We’re here to help you!

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