Our Focus is Criminal Appeals
When Mistakes Were Made, Our Criminal Appeals Are Your Next Step
You have been found guilty by a jury of your peers or a judge, but it is the wrong decision. Mistakes were made, judgement was faulty, and now you have a felony conviction in the state of California, and you are possibly incarcerated.
It is not the end. In fact, it is only the beginning of the appeal process. A skilled and experience criminal defense lawyer can look at your case with fresh eyes and bring your case before the appeals court. It is possible to get your sentence or conviction reversed in some cases.
What is an Appeal and How Do I Apply?
- An appeal is not a new trial. The appellate court in your jurisdiction will review the evidence and the decision from your trial.
- You can appeal if mistakes were made in legal procedures or the law during or before the trial or there was not enough evidence presented in your case to justify the verdict.
- If you have been convicted of a felony, you or your lawyer must file a Notice of Appeal within 60 days of the judgment or verdict at the courthouse where your original trial took place. Misdemeanor convictions require a Notice of Appeal within 30 days.
How Does the Appeal Court Render Their Decision?
The court will review the file and decide whether there was substantial evidence to support the verdict. They will also determine whether mistakes were made that prejudiced your defense. This is not a determination of guilt or innocence. If the court finds in your favor, your case will be reversed and you will be eligible for a new trial or hearing. If a legal error was made, it will be corrected. If the court finds that the proceedings were conducted in accordance with the law and there were no errors, the original court’s decision stands.
A successful appeal requires forethought and planning. You need a criminal defense lawyer who understands the appeal process. The attorneys of The Kavinoky Law Firm have years of experience working with clients to give them a second chance at justice.