Appeals Attorney | Tustin   

What Is a Criminal Appeal? 

appeal in california appellate courtAfter your trial, you can request a higher court to review the decision in your case. This is called an appeal and generally occurs when there was a legal mistake or insufficient evidence, preventing you from achieving a fair trial. In California, the appellate court is the California Court of Appeals. When you appeal your judgment, a panel of judges reviews the legal proceedings of the lower court to decide if there was insufficient evidence to support your judgment or if there were any mistakes that prejudiced your case. If the court grants your appeal, you will receive a new trial. In some cases, the appellate court may reverse your conviction and release you from prison. 

If you believe you were wrongly convicted of a crime in Tustin, you need a skilled defense attorney to fight on your behalf. Otherwise, you may face a lifetime behind bars and other heavy penalties. Don’t let a wrongful conviction ruin your life. With a criminal appeal, you have a second chance. Contact our attorneys at Wallin & Klarich today to learn how we have been successfully handling criminal appeals in Tustin for over 40 years. 

Filing a Notice of Appeal 

California Penal Code 1237 outlines the deadlines for appealing your case. If you were convicted of a misdemeanor, you must file a notice of appeal within 30 days of the trial court’s judgment. If you were convicted of a felony, you must file a notice of appeal within 60 days of the trial court’s judgment. This is a short timeline, so it is important to act quickly so you don’t miss your opportunity. If you received an unfair trial or sentence, contact Wallin & Klarich as soon as possible to see how we can help. 

Grounds for Criminal Appeal 

Filing a criminal appeal in California is a complicated legal process. Below, we’ve identified several grounds for criminal appeals. In order to argue them successfully, you need the help of a skilled criminal appeals attorney. 

Insufficient Evidence 

Before you can be convicted, the prosecution must prove your guilt beyond a reasonable doubt. This relies on the facts and evidence of the case. The jury cannot find you guilty simply based on emotions alone. If the jury convicted you based on emotion rather than facts, your attorney can argue during your appeal that there was insufficient evidence to justify the guilty verdict. 

Prosecutorial Misconduct 

Prosecutors, like everyone else, must stay within the boundaries of the law. Unfortunately, some prosecutors may act unethically or unlawfully during a trial, leading to an unfair conviction. Prosecutorial misconduct can be grounds for a new trial where you may be able to get your conviction reversed. Our criminal appeal attorneys have found prosecutorial misconduct in many past cases, which ultimately led to successful criminal appeals. Some unlawful actions by prosecutors include: 

  • Referring to inadmissible evidence during your trial 
  • Intimidating or threatening a witness 
  • Sharing their opinion about a witness’s credibility during your trial 
  • Questioning your decision to invoke your 5th Amendment right to remain silent during your arrest, interrogation, or trial 
  • Withholding evidence of your innocence 
  • Withholding evidence that calls into question the credibility of a witness 
  • Encouraging the prejudices or emotions of the jury 
  • Making false or misleading statements about the law to the jury 
  • DIscriminating against jurors of a certain gender, race, or other protected characteristic 
  • Improperly interrogating you on the stand 

Juror Misconduct 

Jurors may also be at risk of misconduct. Although jurors are sworn in by the court and take an oath to follow the judge’s instructions prior to a trial, they sometimes disobey the judge. Whether this was intentional or not, it constitutes misconduct and can lead to a criminal appeal if it unfairly influenced the outcome of your trial. Some examples of juror misconduct include: 

  • Talking about the case with other people during the trial 
  • Talking to other jurors about the case outside of deliberations 
  • Refusing to participate in deliberations 
  • Considering or bringing in outside evidence 

Judicial Error 

Even though judges are experts in the law, they can make mistakes too. If a trial judge made a mistake of law during or before the trial that hurt your case, this is a judicial error and grounds for a criminal appeal. Judicial errors may include: 

  • Failing to exclude inappropriate evidence 
  • Failing to include appropriate evidence 
  • Giving improper instructions to the jury 
  • Displaying prejudice in favor of the prosecution or against the defense 
  • Incorrectly denying a motion to suppress evidence from an unlawful search and seizure 

Ineffective Assistance of Counsel 

If your defense attorney failed to competently defend you, you may be able to claim ineffective assistance of counsel. It is important to note that you cannot use this just because you were convicted. Rather, you must prove that your lawyer was incompetent in defending you by presenting evidence to the court of your attorney’s misconduct. An attorney may be considered incompetent for the following actions: 

  • Not investigating your case 
  • Not making a critical motion according to the facts and law 
  • Not calling a key witness at trial 
  • Not filing a subpoena for important evidence 
  • Not discussing the consequences of a guilty plea with you 

Hiring a Tustin Defense Attorney | How We Can Help You 

When you are facing a complex legal process like a criminal appeal in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms: 

  1. Experience 
  2. Communication 
  3. Success 
  4. Credibility 

40+ Years of Experience with Appeals 

With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.

24/7 Communication with Your Attorney 

We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us. 

Track Record of Success 

Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of criminal charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom. 

Reputation and Credibility 

It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well. 


Discover how our skilled negotiators can help you with your criminal appeal. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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Tustin, CA 92780

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