Appeals Attorney | West Covina

What Is A Criminal Appeal?

appeal attorneyA criminal appeal is a legal process that allows anyone convicted of a crime to ask a higher court, like the California Court of Appeals, to review their previous trial for errors or mistakes. Our attorneys can help you file an appeal, so you don’t have to deal with the complicated paperwork and strict deadlines. When we file the correct paperwork, a panel of judges will review the previous trial for errors. They could decide to uphold the previous decision, grant a new trial, ordered resentencing, or reverse your conviction.

If the court wrongfully convicted you of a crime, don’t give up! Wallin & Klarich has a team of skilled appeals lawyers ready to help you fight for justice. We have 40+ years of experience helping clients reverse wrongful convictions in West Covina and throughout Southern California. Read a few of our clients’ successful appeals stories to learn more about our dedicated law firm.  

Choosing Wallin & Klarich ensures you have a skilled legal advocate at your side throughout the appeals process. Take the first step toward a successful appeal! Contact our office today for your free consultation at (877) 4-NO-JAIL. 

Filing A Notice Of Appeal

After a California court has issued a judgment in a criminal case, the timeframe for filing an appeal is relatively short: 60 days for felony cases and 30 days for misdemeanor cases. So it’s critical to contact our skilled appeals attorneys as soon as possible. The more time we have to prepare your appeal, the better your chances of success. 

First, we’ll ensure you understand the process. Then, our West Covina lawyers get straight to work on your appeal. We’ll fill out all the paperwork on time, saving you time and reducing your stress!  

Who Qualifies For A Criminal Appeal? | Determining Eligibility

It is possible to file an appeal in California without a lawyer. However, the process is much more complicated and time-consuming than movies portray. You need in-depth knowledge of this legal area and significant experience. However, hiring one of our experienced appeals attorneys eliminates your heavy burden. We will take care of everything for you and guide you through the process. 

With 40+ years of expertise, we’ve helped many clients fight their wrongful convictions in West Covina. So we understand the legal aspects of a successful criminal appeal. Find out if you’re eligible for a criminal appeal. Call Wallin & Klarich today for your free appeal consultation! 

When you choose our law firm to represent you, we’ll listen to your concerns about the trial and work from there. Then, your attorney conducts a thorough review of your case to craft a compelling legal argument. We’ve discovered many legal errors that qualified for an appeal, which include but are not limited to:

Insufficient Evidence

The West Covina prosecutor must present sufficient evidence to convict you of a crime. A jury shouldn’t convict anyone without clear evidence of their guilt. If they do, this is solid grounds for an appeal. Sadly, we’ve seen many cases where the jurors sided with the prosecution due to their emotions, and we’ve successfully fought for appeals as a result. 

If you believe the prosecution didn’t have enough evidence for a conviction, let our attorneys at Wallin & Klarich review your case. Call our office today for your free consultation. 

Prosecutorial Misconduct

California law sets clear boundaries for the prosecution. However, there are times when a prosecution crosses these lines, resulting in an unfair trial. This is referred to as “prosecutorial misconduct” and is grounds for the California Court of Appeals to reverse a conviction.

 

We can identify whether prosecutorial misconduct occurred in your case, as we have done for many clients in the past. Below are some examples of prosecutorial misconduct:

  • Questioning your decision to remain silent and not testify at trial
  • Intimidating witnesses to prevent them from testifying
  • Giving their opinion on a witness’s credibility at trial 
  • Vouching for a witness’s credibility 
  • Keeping evidence from the defense
  • Making an argument that appeals to a jury’s bias or emotions
  • Misinterpreting the law to confuse the jury
  • Attempting to keep certain people off the jury due to race, gender, etc. 
  • Inappropriately questioning you during the trial

If you believe that prosecutors caused an unfair trial, you should contact Wallin & Klarich immediately. We can look at your case and determine your eligibility for a criminal appeal. 

Juror Misconduct

The judge gives the jury strict instructions, and they take an oath at the beginning of your trial. They must follow these instructions. When they don’t, they are in violation of the law, resulting in an unfair trial. We have the skills to identify “juror misconduct” and present a compelling argument to the court, which could result in a reversal of your conviction. Juror misconduct can include but is not limited to: 

  • Talking about the case with others before the trial is over 
  • Communicating with other jurors about the case outside of deliberation 
  • Refusing to participate in deliberations 
  • Using information from sources outside of trial 

Judicial Error

Even judges are capable of mistakes. When judicial errors are made, they can affect the outcome of your trial. We’ve listed some examples of judicial errors below. 

  • Not excluding prejudicial or improper evidence
  • Not allowing reasonable evidence
  • Giving the jury improper instructions
  • Exhibiting favoritism for the prosecution 
  • Being biased against the defense
  • Rejecting the defense’s motion to suppress evidence collected by law enforcement during an unlawful search and seizure  

A judicial error could lead to a successful appeal in West Covina. If you think the judge made an unlawful ruling or another error in your case, contact our office today for a free consultation.

Ineffective Assistance Of Counsel (IAC)

A defense lawyer must provide effective legal representation. While the law doesn’t require them to win your case, they must actively represent your best interests. Some examples of a defense lawyer’s duties include but are not limited to: 

  • Advocating for your best interests
  • Investigating the facts of your case 
  • Make necessary motions such as suppressing unlawful evidence, subpoenas, etc. 
  • Ensuring all key defense witnesses testify at trial
  • Requesting evidence for and against you
  • Going over the consequences of a guilty plea and making sure you understand your rights

At Wallin & Klarich, we believe everyone deserves an effective defense. If we find evidence of ineffective counsel, we’ll fight to get you a new trial. You can rest easy knowing we’re representing your best interests when you hire our attorneys. We understand the complexities of this complex legal area and the best strategies for a successful appeal in California. 

At Wallin & Klarich, our West Covina attorneys fight hard to defeat wrongful convictions.  Call Wallin & Klarich today and discover the best options for a criminal appeal!

Types of Legal Errors | Criminal Appeals

The court of appeals separates a “reversible error” from a “harmless error.” The U.S. Supreme court has to order automatic reversals for “reversible errors,” which are mistakes causing an unfair trial.  We’ve summarized some examples of reversible errors below.

  • Preventing you from calling or obtaining a lawyer
  • A trial judge showing prejudice
  • Preventing certain people from being on the jury due to their race, gender, etc. 
  • Not allowing you to represent yourself 
  • Prohibiting your right to a public trial
  • Inappropriate jury instruction on reasonable doubt 

Some errors do not fit into the category of reversible errors. The appellate court will carry out a “harmless error” analysis, which varies according to the error. Don’t worry if this process seems overwhelming. We know how to navigate the appeals process and explain each step to you. 

Find out if you’re eligible for an appeal with a simple phone call! Contact our knowledgeable criminal appeal lawyers at Wallin & Klarich today!

Hiring A Skilled Appeal Attorney | How We Can Assist You

Wallin and KlarichComplex legal processes require a skilled and experienced attorney. With 40+ years of experience, Wallin & Klarich stands out among the crowd of West Covina law firms. Our attorneys have helped numerous clients win their appeals and get the justice they deserve. You should consider many factors when choosing an appeal lawyer. However, some of the key characteristics that set us apart include:

  1. Loyal Advocates
  2. Skilled Negotiators
  3. Solid Record for 40+ Years 
  4. Specialized Legal Knowledge

Your Loyal Advocates | The Wallin & Klarich Difference 

Loyalty is hard to find. Unfortunately, many law firms treat clients like case numbers rather than real people. At Wallin & Klarich, we believe you deserve respect and dedication. But we don’t just say it, we show it through our devotion to your case and our interactions with you. Our attorneys promptly address all of your concerns because we never want you to feel dismissed or unheard. Rest assured, our communication with you will always be straightforward and genuine. With Wallin & Klarich at your side, you can walk into court confident that we have your best interests in mind. Moreover, we’ll be prepared to put up our strongest fight. 

Skilled Negotiators | 40+ Years of Success

Wallin & Klarich has a history of success spanning 40+ years. We’ve obtained the best possible results in complex cases and protected our clients’ rights. Their stories stand as a testament to our skilled legal negotiation. More importantly, they renew our motivation to fight for appeals in West Covina. Our passion for helping clients has not wavered in over four decades and counting. Discover how our skilled negotiators can help you file and follow through with an appeal in West Covina, CA. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with an experienced, local appeal attorney. 

When you need us, we will be here. 

1619 West Garvey Ave.
Suite 107
West Covina, CA 91790
(626) 480-1356
(888) 749-0034
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