Generally, you will be allowed to appeal any trial court decision by taking it to a higher court for review. In making an appeal, you are asserting that you were wrongfully convicted because of an error or mistake made by the court. Common errors and mistakes include, but are not limited to, juror misconduct, prosecutorial misconduct, wrongfully admitted evidence, harsh sentences, and incorrectly applied laws. As long as there is a valid legal argument that an error was made, an appeal will be allowed. California law, however, provides a very small window of time to file an appeal. If you were convicted of a felony crime, you will have 60 days from the imposition of the sentence to appeal. For misdemeanor offenses, you will have only 30 days to file.
February 24, 2012
If you are considering an appeal, you should understand that it is not in your best interest to retain the attorney who conducted the trial. A built in “conflict of interest” exists. When an appellate attorney reviews the record on appeal, we need to consider all aspects of the appeal including the competency of the trial attorney. Your conviction could very well be reversed if you can show your attorney was ineffective. Obviously your trial counsel could not raise his/her own competency as a ground for appeal but a different attorney can.