If you feel you received an unfair outcome in your criminal case, you may want to consider reaching out to a skilled Redlands appeals lawyer immediately. Our criminal defense attorneys at The Law Office of Scott D. Henry have 40 years of combined appellate experience. We have achieved unprecedented results because of our diligent and aggressive approach. Our legal team has the unique skills and extensive legal knowledge needed to fight effectively on your behalf.
What Situations May Result in a Valid Appeal?
Legal errors typically involve a misunderstanding or misapplication of the law that prevents you from receiving a fair trial. As such, some legal grounds for an appeal include:
- Insufficient evidence to support a conviction
- Prosecution misconduct, such as a prosecutor acting unethically, misstating evidence or the law intentionally, or commenting on inadmissible evidence
- Judicial errors, such as a judge giving incorrect instructions to the jury
- Jury misconduct, such as a member of the jury independently researching your case
- Ineffective assistance of counsel
A careful review of your case by one of our seasoned appellate attorneys in Redlands could determine the appropriate grounds for an appeal.
Filing an Appeal in Redlands
An appeal is a legal argument that suggests that legal errors or mistakes were made during the criminal process, which resulted in an unfair legal outcome. If you believe a legal mistake was made during your trial that ultimately resulted in a conviction or a harsher sentence, you may consider appealing the verdict under California Penal Code 1237 PC. It is important to note that an appeal is not a new trial. Therefore, no new evidence can be presented. If your Redlands attorney files an appeal on your behalf, the appellate court reviews the trial court record and determines if a legal error was made that ultimately changed the outcome of your case.
A lawyer must file a Notice of Appeal within 30 days of your conviction. Soon after your attorney files this document, you will receive a letter from the Court of Appeals requesting specific preliminary documents to be filed. During what is known as the “briefing period,” your attorney goes through the record and creates their written argument. This argument should include the facts and procedural history of the case as well as their argument for how the law was applied incorrectly. After the briefing period, both your attorney and the prosecution present an oral argument supporting their positions. Following their statements, a decision will be made by the court. The decision is given in written form and is issued within 90 days of the oral arguments.
Standards of Review
An appellate court reviews your case using specific guidelines to make their determination. These guidelines are referred to as “standards of review.” When your attorney argues that a legal error was made, the court looks at the standard of review pertaining to the decision made in your trial. If this court decides a legal error was made, you have won your appeal. The court can reverse the original decision or send the case back for a new trial. If they find no legal error was made, they will affirm the original court’s decision.
Winning in Appellate Court
Many people mistakenly think that winning an appeal means the case is over. Unfortunately, this is not the case. The prosecution still has the option to appeal the appellate court’s decision in a higher court. If they decline to appeal, your case is typically sent back to a trial court to receive a new trial. In some situations, the District Attorney may not wish to try your case again and may offer you a plea deal. If they believe you would likely not have been convicted if the error had not been made, they may choose to drop the charges against you completely.
Contact a Redlands Appeals Attorney
You do not have to accept your case’s outcome and its subsequent penalties. If you feel a legal error was made that resulted in an unfair outcome, it is essential to contact an experienced Redlands appeals lawyer immediately.
An appellate attorney requires a unique skill set and extensive knowledge of the law to represent your case effectively. So, it is crucial to have knowledgeable and capable legal representation to help you fight for the result you need. Contact our team at The Law Office of Scott D. Henry today for a free consultation.