What Is A Criminal Appeal?

appeals attorney

A criminal appeal is your chance 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 Victorville.

However, 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 Victorville 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 the judge issues a ruling for your conviction, you don’t have much 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 

Filing an appeal is not an easy process. You need experience in this area of the law to establish solid grounds for your appeal. Even some lawyers struggle to craft a compelling argument. So, 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 a Victorville appeals attorney. 

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

Insufficient Evidence

If the Victorville prosecution didn’t provide sufficient proof of your guilt, the California Court of Appeals could grant your appeal. In this case, your attorney would argue that the jury based their decision on emotions rather than the facts. Unfortunately, emotions affect the outcomes of many trials. Since juries are instructed to consider only the evidence presented in court, any conviction based on emotion is a violation of California law and 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” occurs when a prosecutor oversteps the boundaries of the law. California has established clear guidelines regarding what the prosecution can do and say during a trial. When they violate the rules, it can impact the jury’s verdict. If this happened, the court of appeals could reverse your conviction.  

Our attorneys have represented cases where prosecutorial conduct occurred. So, we know how to identify when it occurs. We’ve listed a few examples of prosecutorial misconduct below.

  • Questioning your Fifth Amendment right to remain silent
  • Intimidating witnesses so they fear testifying 
  • Stating their opinion about a witness’s credibility 
  • Hiding evidence from the defense
  • Making statements that encourage the jury’s bias or emotions 
  • Confusing the jury with misleading statements about the law
  • Discriminating against a particular race or gender during jury selection
  • Calling a witness that they know is lying to support their case

There are legal remedies available for prosecutorial misconduct. 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

In every trial, jurors swear to uphold justice and follow the law. When they violate the judge’s instructions, it leads to an unfair trial. With over 40 years of experience, we know what constitutes “juror misconduct.” Our attorneys can examine your case and tell you if the jury’s actions warrant an appeal. You’ll find a few examples of juror misconduct below. 

  • Chatting with other people about the trial before the verdict 
  • Discussing the trial among themselves before deliberations 
  • Not participating in jury deliberations
  • Considering outside information from news, social media, or other sources 

Judicial Error

Judges make accidental and sometimes careless errors. These types of errors can significantly impact the outcome of your case. Below, you’ll find a few examples of judicial errors in Victorville. 

  • Refusing to exclude prejudicial evidence
  • Refusing to allow reasonable evidence
  • Improper jury instruction
  • Displaying bias in favor of the prosecution 
  • Showing bias against the defense
  • Denying the defense’s motion to suppress evidence obtained from an unlawful search and seizure  

If we determine a judicial error influenced your trial, we can argue your appeal on this basis. If successful, the court could dismiss your conviction. If you think the judge showed a bias for the prosecution or made another error, consult with our Victorville appeal lawyers today!

Ineffective Assistance Of Counsel (IAC)

If your defense lawyer was ineffective, we could present your appeal to the Court of Appeals on these grounds. However, the judges will want to see evidence that your past lawyer did not perform their duties, which include but are not limited to: 

  • Investigating the allegations against you 
  • Fighting for your best interests
  • Investigating the facts of your case 
  • Filing motions when possible (subpoenas, suppress unlawful evidence, etc.) 
  • Presenting key defense witnesses at trial
  • Requesting the prosecution to produce evidence for and against you
  • Reviewing the evidence
  • Making sure that you’re informed and understand your rights during the trial and when accepting a guilty plea 

Our attorneys consider this breach of client-attorney trust particularly offensive. We take their duties very seriously. Let us provide the representation and guidance you deserve. Call our office today!

Types of Legal Errors | Criminal Appeals

A “reversible error” warrants an automatic reversal. If the appellate court finds a “reversible error,” the lower court will choose whether to retry the case or drop the judgment against you. You’ll find some examples of reversible errors below.

  • 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

On the other hand, “harmless errors” do not call for an automatic reversal. When the appellate court reviews these errors, this is known as a “harmless error” analysis. The process for the analysis is very complex and varies depending on the specific error claimed. 

We can explain each step of your appeal in more detail during our initial consultation. Contact our skilled Victorville appeal lawyers at Wallin & Klarich today!

Hire A Top Appeal Lawyer | We’ll Fight For You

With so many appeal lawyers competing for your attention, getting overwhelmed or hiring the wrong one is easy. When you choose a Victorville appeal attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other law 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 appeals attorney. It’s bad enough you have to worry about whether the court will grant your appeal without having to stress about ineffective counsel. With Wallin & Klarich, you’ll never question our legal knowledge or skills. Furthermore, you’ll always receive one-on-one attention and genuine care when visiting 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

A successful appeal could change everything. You need an appeals lawyer who understands the best way to present your appeal. We’ve honed our negotiation skills during our 40+ years of handling Southern California appeals, and we continue to strive for excellence. Find out how our expert negotiators can help you win your appeal in Victorville. Contact us today toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a local appeals attorney that you can trust! 

We’re here to help you!  

 

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