A guilty verdict or criminal conviction can feel final. In some cases, however, California law provides an opportunity to ask a higher court to review what happened.
A criminal appeal is not simply a second trial because someone disagrees with the outcome. Instead, appellate courts review the trial record to determine whether significant legal errors occurred and whether those errors affected the defendant’s rights or the outcome of the case.
For someone considering an appeal, working with a Criminal Appeals Attorney in Orange County, CA can help determine whether there are legitimate grounds to challenge a conviction or sentence.
What Does a Criminal Appeal Actually Do?
An appeal asks a higher court to review decisions made in the original case.
Unlike a trial, an appellate court generally does not hear witnesses again or decide whether it believes one person’s version of events over another. Instead, judges review the existing court record, written legal arguments, and, in some cases, oral argument.
The Orange County Superior Court explains that an appeal is not a new trial. The appellate court reviews the record to determine whether legal errors occurred or whether sufficient evidence supported the judgment.
What Types of Errors Can Be Appealed?
Not every mistake requires a conviction to be reversed. The defense generally needs to identify an error that was legally significant.
Potential appellate issues can include:
- Improper admission or exclusion of evidence
- Incorrect jury instructions
- Constitutional violations
- Prosecutorial misconduct
- Errors involving searches or seizures
- Insufficient evidence supporting a conviction
- Sentencing errors
- Abuse of judicial discretion
Simmons & Wagner reviews trial records, testimony, evidence, motions, and court rulings to identify potential procedural or legal errors that may provide grounds for an appeal.
Appeals Depend Heavily on the Trial Record
Appellate attorneys work differently from trial attorneys.
A trial lawyer builds a case through witnesses, evidence, examinations, and arguments presented to a judge or jury. An appellate lawyer spends significant time analyzing transcripts and court filings to determine exactly what happened and whether the law was correctly applied.
Once issues are identified, the attorney prepares an appellate brief explaining the legal error, citing relevant statutes and precedent, and arguing why the appellate court should provide relief.
Simmons & Wagner identifies detailed record review and persuasive legal writing as central parts of its appellate practice.
What About Newly Discovered Evidence?
New evidence requires an important distinction.
A traditional direct appeal generally focuses on evidence and rulings already contained within the trial court record. Newly discovered evidence is therefore not usually presented directly to the appellate court as though the case were being tried again.
Instead, new evidence may support another form of post-conviction relief, such as a petition for writ of habeas corpus, depending on the circumstances. California courts provide a separate procedure for habeas corpus claims that may require factual issues to be considered outside the original appellate record.
An experienced attorney can evaluate whether an appeal, habeas petition, or another procedure is appropriate.
Appeals Have Strict Deadlines
Timing is critical after a conviction.
In Orange County criminal cases, a notice of appeal generally must be filed within 30 days for a misdemeanor or infraction and 60 days for a felony following the judgment or appealable order. Missing the deadline can result in losing the opportunity to appeal.
That makes it important to have the case evaluated as soon as possible.
What Can Happen If an Appeal Succeeds?
An appellate victory does not always produce the same result.
Depending on the error, a higher court may uphold the judgment, reverse all or part of it, modify the decision, or send the case back to the lower court for additional proceedings or a new trial.
If you believe a serious error affected your conviction or sentence, Simmons & Wagner can review the record and determine whether appellate or post-conviction relief may be available. Contact Simmons & Wagner to speak with a Criminal Appeals Attorney in Orange County, CA before important filing deadlines expire.