What Is an Appeal in a Criminal Case?

An appeal in a criminal case is not a new trial, but rather a request for a higher court to review the original court’s decision for legal errors. It’s important to understand that an appeal does not focus on re-examining the facts or evidence of the case. Instead, the appellate court looks at whether mistakes were made during the trial or sentencing that may have impacted the outcome.

The goal of the appeal is to correct legal errors, such as improper jury instructions, misapplication of the law, or admission of inadmissible evidence. The higher court may decide to uphold the original decision, reverse the conviction, or even send the case back to the lower court for a new trial or resentencing.

Grounds for Appealing a Criminal Conviction or Sentence in California

In California, several common grounds for appeal can be used to challenge a criminal conviction or sentence. These include:

• Legal Errors: Mistakes made by the trial judge, such as improper jury instructions, misapplication of the law, or admitting evidence that should have been excluded. These errors can unfairly influence the outcome of the trial.
• Ineffective Assistance of Counsel: If your defense attorney failed to provide competent representation—whether by failing to investigate key evidence, not raising important legal defenses, or making serious errors during trial—you may have grounds for an appeal based on ineffective counsel.
• Jury Misconduct: Any improper behavior by the jury, such as bias, inappropriate communication with outside parties, or discussing the case prematurely, can be a reason to appeal. Jury misconduct undermines the fairness of the trial process.
• Sentencing Errors: If the sentence imposed was unlawful or did not comply with California’s sentencing guidelines, you can appeal to correct the sentence.

The Criminal Appeals Process in California

The criminal appeals process in California involves several important steps. It’s not a quick process, and each stage requires careful attention to detail. Here’s a breakdown:

• Notice of Appeal: The first step is filing a notice of appeal. This must be done within strict deadlines—generally 60 days after conviction or sentencing in a felony case and 30 days in a misdemeanor case. Missing this deadline means losing the right to appeal.
• Review of Trial Records: After the appeal is filed, the appellate attorney will thoroughly review the trial transcript, court documents, and any evidence presented. The goal is to identify any legal errors or violations that could serve as the basis for the appeal.
• Filing an Appellate Brief: The attorney will then draft and submit an appellate brief, which is a legal document outlining the specific errors made during the trial or sentencing. This brief argues why the conviction or sentence should be reversed or modified.
• Oral Argument: In some cases, both the defense and the prosecution may have the opportunity to present oral arguments before the appellate court. The attorney will argue the case, highlighting key issues from the brief.
• Decision: After reviewing the case, the appellate court will issue a written decision. The court can choose to affirm the conviction, reverse it, or modify the sentence. In some instances, the court may order a new trial.

How Long Does the Appeals Process Take?

The timeline for a criminal appeal in California can vary greatly, but it often takes several months to over a year to complete. The length of the process depends on factors such as the complexity of the case, the volume of trial records, and the court’s schedule. After the notice of appeal is filed, it can take a few months for the trial transcript to be prepared and reviewed by the appellate attorney. Following that, drafting and submitting the appellate brief may take additional time, depending on the legal issues involved. Once the brief is submitted, the court’s review process can be lengthy, as appellate courts often have a significant backlog of cases.

Although the appeals process can be drawn out, it is essential to act quickly. The deadlines for filing an appeal are strict—typically 60 days for felony cases and 30 days for misdemeanors. Missing these deadlines can result in losing the right to appeal altogether, so it’s important to consult with an experienced attorney as soon as possible.

How Our Criminal Appeals Attorney Can Help You

• Identify Errors in the Trial: Attorney Hashemi will meticulously review the trial transcript and all relevant records to identify any legal mistakes or constitutional violations. Whether it’s improper jury instructions or the admission of inadmissible evidence, the focus will be on uncovering errors that impacted the outcome of your case.
• Prepare and File the Appellate Brief: Crafting a persuasive appellate brief is a crucial step in the appeals process. With experience in both trial law and appellate procedure, our Attorney will create compelling arguments explaining why the conviction or sentence should be reversed or modified.
• Present Oral Arguments: In cases where oral arguments are necessary, Attorney Hashemi will represent you in front of the appellate court, effectively arguing the key points of your case and challenging the prosecution’s stance, while highlighting the legal errors made during your trial.
• Navigate the Complex Legal Process: The criminal appeals process is highly technical and procedural. Having an attorney guide you through each step not only simplifies the process but also increases your chances of a successful outcome. All deadlines will be met, and every detail of your case will be handled professionally.

Potential Outcomes of a Criminal Appeal in California

The outcome of a criminal appeal can vary depending on the legal errors identified by the appellate court. One possible result is the reversal of the conviction, which could lead to the dismissal of charges or a retrial if significant mistakes were made during the original trial. In some cases, if the appeal is focused on sentencing, the court may find that the original sentence was improper or excessive, resulting in a reduction of the sentence. Additionally, the appellate court might order a new trial if the legal errors were severe enough to impact the fairness of the proceedings. However, it’s also possible for the court to affirm the conviction, meaning the original verdict and sentence would remain in place if no substantial errors were found. Each of these outcomes depends on the specific circumstances of the case and the issues raised in the appeal.

Common Misconceptions About Criminal Appeals

There are several misconceptions about criminal appeals in California, and it’s important to clear them up for anyone considering this process. One common myth is that “an appeal means a new trial.” In reality, an appeal is not a retrial of the case. The appellate court does not consider new evidence or re-examine the facts of the case; instead, it focuses on reviewing the trial court’s decisions to determine whether legal errors were made that affected the outcome.

Another misconception is the belief that “any conviction can be appealed.” While it’s true that many convictions are eligible for appeal, the appeal must be based on specific legal grounds. This means there must be identifiable errors made during the trial, such as improper jury instructions or the admission of inadmissible evidence, for the appeal to proceed.

Lastly, some people assume that “appeals are always successful.” This is not the case. The success of an appeal largely depends on the strength of the legal arguments and whether reversible errors occurred. If no significant mistakes are found, the appellate court will affirm the original conviction and sentence. Understanding these distinctions is key to knowing what an appeal can and cannot achieve.

Contact Our Los Angeles Criminal Appeals Attorney for a Consultation

If you or a loved one are considering an appeal in California, the stakes are high, and time is of the essence. The criminal appeals process has strict deadlines, and missing them could prevent further legal action. At The Law Offices of Arash Hashemi, we specialize in criminal appeals, using our extensive experience to identify legal errors and build compelling cases to challenge convictions or sentences. Attorney Hashemi will personally review the details of your case, carefully assess trial records for mistakes, and guide you through every step of the appeals process. We are committed to fighting for the best possible outcome and protecting your rights during this critical time.

To discuss your case and explore your legal options, call our office immediately. You can also schedule a 15-minute consultation through our secure online system. During the consultation, we’ll review your case and outline how we can help you pursue an appeal. We are located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood.

Schedule Your Consultation Today

• Phone: (310) 448-1529
• Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.