February 17, 2011

Trial is over and you’ve been convicted. What next? Many criminal proceedings are tainted by errors—such as prosecutorial misconduct and bad evidentiary rulings. Appealing your conviction is necessary to challenge many of these trial errors. But be warned, appealing your conviction is very different than a criminal trial. Our team of experienced appellate attorneys will assist you through the complex and confusing appellate process.

One question our clients routinely ask is whether they will be granted bail during the appellate process. Under California law, defendants convicted of a misdemeanor have an automatic right to bail pending an appeal of the conviction. It is not uncommon, however, for trial counsel and the court to overlook this legal fact. If you’ve been convicted of a misdemeanor and wish to appeal, make sure you hire an appellate attorney who will protect your rights and ensure that you receive bail pending appeal.

While there is an automatic right to bail pending an appeal of a misdemeanor conviction, the same is not true for all felony convictions. If you are convicted of a felony and only a fine has been imposed, then you do have an automatic right to bail pending appeal. However, where a defendant has been sentenced to a term of prison, bail will only be granted pending appeal when special circumstances exist. First, the defendant must demonstrate that he or she is not likely to flee, that he or she does not pose a danger to the safety of any person or to the community. Second, the defendant must show that the appeal is not for the purpose of delaying the execution of the sentence and raises a substantial legal question likely to result in reversal on appeal. Because obtaining bail pending appeal of a felony matter is a difficult task, hiring experienced trial and appellate attorneys is critical. Contact us today to discuss your appeal.

If you have questions about your case, or a case of a loved one, please do not hesitate to call us. Put our expertise to work on your behalf. Give yourself the best chance at winning. Give us a call at 888-749-7428. Visit us at www.wklaw.com


Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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