Errors in the legal process can lead to wrongful convictions and harsher sentences. If you believe you were wrongfully convicted or received a harsher sentence due to legal errors, it is best to consult immediately with a Laguna Beach appeals lawyer.
At the Law Office of Scott D. Henry, our legal team has extensive appellate experience. Our criminal defense attorneys have seen unprecedented success because of their diligence, experience, and dedication when fighting to reverse an unfair conviction or sentence effectively. You do not have to accept the ruling. Our firm is here to guide you through the entire appeals process and advocate on your behalf to get you the result you need.
Process of Filing an Appeal in Laguna Beach
An appeal is a request for a higher court to review a lower court’s decision. It is not a new trial, and no new evidence or testimony is heard during this process. This process begins when your attorney in Laguna Beach files a notice of appeal within 30 days of the original conviction.
The party who files the appeal is known as the appellant, and the side defending the decision is known as the respondent. During the briefing period, a lawyer reviews the record and creates a written argument, including the facts and procedural history of the original case. Both the appellant and respondent then present their oral arguments supporting their positions. The appellate court then reviews the case and makes its decision. The decision is typically made within 90 days of the oral arguments.
Appellate Standards of Review
When an appellate court reviews a case, rules and guidelines are needed to determine whether a legal error was made in the lower court. These review guidelines are known as “standards of review.” When the appellant argues that errors were made, the court looks at the standards of review that pertains to the type of decision made in the case before making their determination. If they find legal errors were made, they grant the appeal. If they find there were no legal errors made, they reaffirm the lower court’s decision.
Winning an Appeal
Many people believe that if they win their appeal, their case is dismissed. Unfortunately, that is not the case. Instead, the appeals court returns the case to the lower court for a new trial. The respondent then has the option to appeal the appellate court’s decision, offer a plea deal, reduce the charges, dismiss the charges, or retry the case. If the respondent believes you would likely have not been convicted of the crime had the error not occurred, they may choose to drop the charges or offer a plea deal. If they feel they still have a strong case, they may choose to retry the case or appeal the appellate court’s decision. A lawyer in Laguna Beach could help you prepare for the actions that may occur after winning an appeal
Call for a Free Consultation with a Leading Laguna Beach Appeals Attorney
Appellate advocacy requires a unique set of skills. Our experienced attorneys have a thorough command of the law and could analyze the original court proceedings to find any legal errors or mistakes. We have in-depth knowledge of the appellate standards of review, which allows us to build effective briefs and persuasive oral arguments.
If you believe errors were made that affected the outcome of your case, time is of the essence. Contact our office today to speak immediately with a Laguna Beach appeals lawyer. The Law Office of Scott D. Henry wants to help you avoid the consequences of an unfair legal decision. Please contact our office today. We can discuss the specifics of your original case and determine if there are viable grounds for an appeal.