What Can An Orange County Appellate Lawyer Do For Me?
If you are seeking a criminal appeal, it is important to note that a reversal of a criminal conviction is extremely difficult to obtain. To be successful on appeal, it is essential that you hire an experienced Orange County appellate lawyer to guide you through the complex appeals process.
Appeals can be very confusing cases, and the rules and stipulations regarding appeals can be very strict in Orange County. If you wish to have the best chance to successfully appeal your criminal conviction, a skilled appeals attorney can help you by doing the following for you:
1. Filing Notice of Appeal
To appeal a felony conviction, you must file your notice of appeal within 60 days after you are sentenced. To appeal a misdemeanor conviction, you must file your notice of appeal within 30 days after you are sentenced. Failure to file your notice during the statutory time period can seriously jeopardize your case.
2. Posting Bail
If you were convicted of a misdemeanor, you can post bail while your appeal is pending. If you are appealing a felony conviction, the judge has the ultimate discretion to decide if you can post bail.
3. Preparing the Record on Appeal
After you file a notice of appeal, the Superior Court will order that the lower court prepare two sets of transcripts. One transcript is the record of the trial. The second transcript is the clerk’s transcript, which contains all other materials from the case, like exhibits and motions.
4. Appellant’s Opening Brief
The Opening Brief is your first opportunity to explain to the court why your conviction should be reversed. Your attorney will prepare this for you.
5. Respondent’s Brief
This brief is the prosecution’s response to your first brief. The prosecution (which is represented by the Attorney General) will argue that your conviction should be affirmed and not reversed.
6. Appellant’s Reply Brief
Because you have the burden of proof on your appeal, you get to file a response to the prosecution’s brief if you think it would be helpful. This brief will focus on the arguments brought up by the prosecutor in the Respondent’s Brief.
7. Oral Argument
Your attorney will orally argue in front of the Judges of the Appellate Court to further persuade them to overturn your conviction.
8. Petition for Rehearing
If you lose the hearing or are still unhappy about the outcome, you can petition the appeal court for a rehearing.
9. Petition for Review before the California Supreme Court
If you lose the appeal and your Petition for Rehearing is denied, you can file a Petition for Review with the Supreme Court of California. The Supreme Court will consider whether or not to examine the Appellate Court’s ruling.
Contact Our Experienced Orange County Appellate Lawyer
If you wish to appeal a criminal conviction, you must ensure to seek the assistance of an experienced criminal appeals law firm. For over 40 years, the criminal appeals attorneys at Wallin & Klarich have successfully represented clients in appealing their criminal convictions in California. We have the skill and experience necessary to help you with your case.
The criminal appeals process may be complicated and stressful, and you do not have to go through this alone. Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
