What is a criminal appeal?
Many defendants on trial in the criminal court system may lose their case and be severely punished, as the result of an error that negatively affected their case. In the event that a defendant in a criminal case is not satisfied with the verdict in his or her case, due to an error, the individual may ask the judge to overturn the decision. If the judge decides not to overturn the ruling the defendant may request an appeal in the Court of Appeals. An appeal is a request for a review in the decision of the previous criminal trial, which is up to the higher court to decide.
If I feel that I was wrongly convicted as the result of an error, can I appeal the decision?
Yes! It is the right of every person convicted in California to appeal his or her criminal case. You are allowed to argue your reason to the court and explain why you think that you were wrongly convicted
What is the Court of Appeals?
The Court of Appeals was established by United States Congress in 1891, and consists of 11 judicial circuits. The duty of the Court of Appeals is to look at possible discrepancies in the law when applied to criminal cases. The Court of Appeals DO NOT retry cases.
What types of mistakes might the Court of Appeal look for?
There are many different mistakes that can cause an innocent person to be incarcerated, including, incorrect rulings, incorrect jury instructions, insufficient evidence, and improper use of a law. These errors and many others have sent many innocent people to prison in the State of California.
When kind of time frame do I have to make an appeal?
Your appeal must be made within 60 days of you sentencing date.
Who files the appeal?
Your original trial lawyer must be the person to file for an appeal, even if you choose another lawyer to represent you in the appeal process.
How long does an appeal take?
Following a conviction, an appeal in the State of California takes between 12 to 18 months.
What is an opening brief?
An opening brief is a document that reports the defendant's arguments. This document must be prepared properly and include all pertinent information regarding the individual's criminal trial.
What is an acquittal?
When a defendant is acquitted, he or she has been found not guilty of committing a crime. Following an acquittal a defendant cannot be charged for the particular crime again.
What is a motion for acquittal?
A motion for acquittal is a request to a judge to determine that there was not sufficient evidence to convict.