Appeals Attorney | Torrance

What Is A Criminal Appeal?

appellate lawyerOur attorneys can file a criminal appeal requesting the California Court of Appeals review a conviction due to mistakes or legal errors that prevented a fair trial. Once we file the paperwork and construct a solid argument, a panel of judges will examine the trial proceedings for errors and decides the best course of action. A successful criminal appeal can result in a new trial, resentencing, or a reversed conviction. 

You don’t have to give up after a wrongful conviction in Torrance. Our criminal lawyers have over 40 years of experience fighting for criminal appeals throughout Southern California. You can read some of our clients’ successful appeals stories here. 

When you hire Wallin & Klarich, our appeals lawyers will protect your rights and fight for the justice you deserve. Receive your free consultation by calling us today at (310) 527-5500 or (877) 4-NO-JAIL. 

Filing A Notice Of Appeal

A notice of appeal must be filed within 60 days of the judge’s original ruling for a felony case and within 30 days for a misdemeanor case. If you believe you received an unfair trial, it’s vital to contact our office immediately. 

Our Torrance appeals lawyers will immediately answer your questions, listen to your side of the story, and help you understand the process. If you decide to move forward with our representation, we’ll get to work immediately, ensuring your appeal is filed on time and increasing your chances of success. 

Who Qualifies For A Criminal Appeal? | Determining Eligibility

While you can file for a criminal appeal on your own, the process is complex and challenging to navigate without legal expertise. Hiring our experienced appeals attorneys at Wallin & Klarich is one of the best decisions you can make. With over 40 years of experience and exceptional skills, our expert legal team will support you throughout the entire process.

We’ll listen to your take on what happened and then thoroughly review your case. Our knowledge of the facts will ensure a credible and powerful argument for your criminal appeal. We’ve constructed many compelling arguments for past criminal appeals, which include (but are not limited to): 

Insufficient Evidence

The Torrance prosecutor must prove you committed the crime beyond a reasonable doubt.  However, if the emotional aspects of your case led to a conviction, your Wallin & Klarich attorney could argue insufficient evidence, which means the prosecution did not have enough evidence for a conviction. Call our office today to discuss this strategy with our Torrance appeals lawyers. 

Prosecutorial Misconduct

The prosecutor must pursue convictions within the boundaries of California law. Sadly, prosecutors go too far, crossing the ethical and legal limits. When prosecutorial misconduct occurs, the California Court of Appeals reverses the conviction.

With many years of experience, our criminal attorneys have represented a wide range of cases. We’ve identified prosecutorial misconduct in a surprising number of cases. As a result, the court has granted many criminal appeals represented by Wallin & Klarich. 

We could present this argument on your behalf if the prosecutor did not act within the limits of the law. Some examples of prosecutorial misconduct include but are not limited to:

  • Referred to inadmissible evidence excluded by the judge 
  • Intimidated or threatened defense witnesses to prevent them from testifying 
  • Shared positive or negative opinions about a witness’s credibility at trial
  • Raised questions about your Fifth Amendment right to remain silent 
  • Withheld evidence of your innocence
  • Withheld evidence that would discredit a state witnesses 
  • Encouraged the jury to base their verdict on emotion or prejudice 
  • Made untrue or deceptive statements about the law confusing the jury
  • Kept jurors of a particular gender or race from being on the jury through discrimination tactics
  • Improperly questioned you or other witnesses 

Prosecutorial misconduct is a violation of your legal rights to a fair trial. We can help you fight to reverse your wrongful conviction in Torrance. Call Wallin & Klarich today for your free consultation.

Juror Misconduct

The jurors must follow the judge’s instructions, and they even take an oath to do so at the beginning of your trial. When they disregard these instructions, the court considers this violation “juror misconduct.” If we believe a juror’s conduct interfered with your trial, our attorneys can present this argument to the court. As a result, the court of appeals may reverse your conviction. We outlined some examples of juror misconduct below.

  • Chatting about the case with others during your trial 
  • Speaking with other jurors about the case outside deliberations 
  • Declining to be part of deliberations 
  • Thinking about or bringing up evidence from another source besides the trial

Judicial Error

Judges are human, so they make mistakes just like anyone else. However, judicial errors such as an invalid decision or improper ruling can lead to severe consequences for anyone facing conviction. Some examples of judicial errors that can lead to a successful criminal appeal include but are not limited to: 

  • Not excluding improper evidence
  • Not including appropriate evidence
  • Delivering inappropriate jury instructions 
  • Showing favor to the prosecution or prejudice against the defense
  • Wrongly rejecting a motion to suppress evidence gathered during an unlawful search and seizure 

A judicial error may be solid grounds for a successful appeal in your case. If you think the judge made an error causing your wrongful conviction in Torrance, contact Wallin & Klarich today for a free consultation with one of our skilled appellate lawyers.

Ineffective Assistance Of Counsel (IAC)

When your criminal defense lawyer fails to carry out their duty to defend you, the legal term is  “ineffective assistance of counsel.”  However, a conviction alone doesn’t mean your lawyer was ineffective. The court requires proof of your lawyer’s “incompetence.” An effective defense attorney must do all of the following:

  • Thoroughly investigate your case 
  • Make critical motions according to the facts and law
  • Call all key defense witnesses at trial
  • File subpoenas for significant evidence 
  • Discuss the consequences of accepting a guilty plea with you

You have the right to effective legal representation. If your defense lawyer failed to do any of the above, the court could consider them ineffective or incompetent. Since this area of the law is complicated, you need a knowledgeable attorney who can investigate your case and present a compelling argument to the California Court of Appeals. 

At Wallin & Klarich, our lawyers put your best interests first. Call Wallin & Klarich today and find out how we can help you!

Difference Between Plain Error & Harmless Error | Criminal Appeals

Your Wallin & Klarich will construct an argument to prove a legal error occurred and impacted the outcome of your case. However, the court of appeals ultimately determines whether a “reversible error” or a “harmless error” occurred in your case. 

A “reversible error” is a severe error that prevents you from receiving a fair trial, and as a result, it warrants a reversal of your conviction. The United States Supreme Court ordered convictions involving reversible errors warrant automatic reversals. Examples of this type of error include:

  • Refusing your right to a lawyer
  • Prejudiced trial judge
  • Keeping people off the jury due to their race
  • Forbidding your right to represent yourself 
  • Depriving you of the right to a public trial
  • Improper jury instruction regarding reasonable doubt 

For errors that do not meet the requirements of a “reversible error,” the appellate court completes a “harmless error” analysis. This elaborate process varies depending on the specific error under examination. 

If you want to learn more about filing for a criminal appeal in Torrance, our attorneys are happy to discuss what to expect and ways we can help win your appeal. Contact our skilled criminal appeal lawyers at Wallin & Klarich today!

Hiring The Right Appeal Lawyer | How We Can Help You

You don’t settle for an average lawyer with your future at stake. Instead, you hire an experienced attorney with the knowledge to defend you against serious charges. At Wallin & Klarich, we believe everyone deserves excellent legal representation. Choosing the right lawyer for your appeal requires careful consideration of many factors. Four key aspects quickly set skilled law firms apart from the rest:  

  1. Commitment to clients
  2. Integrity in action 
  3. Legal expertise 
  4. Community respect 

Our Commitment To You | The Wallin & Klarich Difference 

At Wallin & Klarich, we are committed to our clients. When you trust us with your case, we never take it lightly because we understand your life’s hanging in the balance. We set aside time to go over what to expect and any new developments in your case so you don’t feel overwhelmed. Our attorneys treat you with integrity, starting with an honest, genuine conversation between us. 

We’re upfront with all our fees from the very beginning, and once we’ve had time to investigate your case thoroughly, we lay all your available options on the table. To ensure your questions and concerns never go unheard, we return your phone calls and emails within 24 hours and keep an on-call criminal defense lawyer for after-hours legal emergencies. Most importantly, we guarantee a judgment-free environment for you and your loved ones.

Wallin & Klarich | Unparalleled Legal Expertise

wallin & klarichOur 40+ years of experience sets us apart from the crowd of defense lawyers. We’ve helped numerous clients fight for appeals with remarkable success. Some of our clients came to us with nowhere else to turn and no hope of winning their case. However, our background allowed us to spot strengths in their cases, which an attorney with less experience would’ve missed.

By tailoring our legal strategies to fit the specific details of your case, we increase your chance of success. We have the added advantage of knowing the techniques of local prosecutors and the personalities of judges in Torrance. Our passion for defending the unfairly accused is the driving force behind each of our attorneys at Wallin & Klarich. 

Discover how our experienced criminal defense attorneys can help you fight a wrongful conviction in Torrance, CA. Contact us today at (877) 4-NO-JAIL.

Respected & Recognized | Wallin & Klarich

The community recognizes the Wallin & Klarich name for our strong values and legal expertise. For over 40 years, we’ve built our powerful reputation by maintaining our integrity, valuing our relationships with clients, and consistently striving to redefine excellence. For more insight, check out our recent and past success in the courtroom. 

Our Notable Cases | Wallin & Klarich Newsworthy Legal Strategies

Many attorneys point to their experience or skill in handling criminal appeals, but our attorneys deliver actual results even in the most complex cases. Over the past 40+ years, many of our legal battles have captured the media’s attention. Television, newspapers, and the digital world have covered some of our most notable moments. We encourage you to explore our newsworthy cases below to learn more about our law firm. 

Call Us Today

Call us today, toll-free at (877) 455-5245 for a free consultation with a highly-experienced appellate attorney. We have been helping people appeal their cases in Torrance for more than 40 years and would love to help you as well.

When you need us, we will be there. 

 

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