What You Need To Know Before Appealing Your Criminal Conviction (Penal Code 1237)
Once you are found guilty of a criminal offense you have the right to appeal the conviction. An appeal is a way to remedy any mistakes made at the trial level by the prosecution, the trial court judge, or perhaps even the defense attorney.
The appeals process is governed by Penal Code 1237. In order to appeal you must first file a Notice of Appeal with the court that sentenced you. If you are convicted of a felony offense, you have 60 days from the day you were sentenced to file a Notice of Appeal. If you were convicted of a misdemeanor offense you have 30 days to file a Notice of Appeal.
An appeal is not a new trial before the court. In other words, the appeals court will not retry your case or accept new evidence. The appeals court will review your conviction by the lower court to determine if mistakes were made that would warrant a reversal of your conviction or a reduction of the sentence.
Criminal appeals are not easy to win in California. However, if you feel you have been wrongly convicted or that any errors were made during your criminal case, it could very well be worth the fight to file for an appeal. The criminal appeals attorneys at Wallin & Klarich have over 40 years of experience representing clients who wish to overturn criminal convictions in California. Contact us today at 1-888-749-0034. We have offices in San Bernardino, Riverside, Los Angeles, Ventura, San Diego, Victorville, West Covina, and Orange County. We will be there when you call.