With over four decades of combined experience, our Murrieta appeals lawyers have a proven track record of winning even the most complex cases. At the Law Offices of Scott D. Henry, our appellate attorneys take swift and aggressive action to obtain justice for our clients.
If you feel legal errors were made that impacted the outcome of your case, we strongly recommend contacting our office for a free case analysis. Our attorneys could thoroughly review the court records and the details of your case to determine an effective course of action for winning your appeal. Our legal team has unwavering confidence in our ability to skillfully represent our clients in appellate court and is committed to fighting tirelessly to get you the result you need.
Grounds for an Appeal in Murrieta
An appeal is an argument presented to an appellate court asserting there were legal errors made during the criminal process that ultimately resulted in an unfair outcome. If a legal error was made during your trial that resulted in a conviction or a harsher sentence, you have the right to appeal the verdict under California Penal Code 1237 PC. It is important to note that an appeal is not a new trial. It is simply a review of the previous court proceedings.
To win an appeal, legal errors must have occurred that deprived the defendant of a fair trial. Legal errors typically involve a misunderstanding or misapplication of the law. Legal grounds for an appeal include:
- Insufficient evidence to support a conviction
- Ineffective assistance of counsel
- Prosecution misconduct
- Judicial errors
- Jury misconduct
One of our skilled attorneys in Murrieta could review your case and determine if it is eligible for an appeal.Â
Process for Appealing a Verdict
The initial step in the appeals process is filing of a Notice of Appeal. After the notice is filed, the appellate court will request a written brief from your Murrieta lawyer. During the briefing period, your attorney could thoroughly assess the court record and the appellate standards of review and create a written argument. The brief argues the law while stating the facts and procedural history of the case. Both the appellant and the respondent may present an oral argument supporting their positions. The appellate court then decides whether to grant the appeal based on the presented information and the applicable standards of review.
Winning an Appeal
If an accused individual wins their appeal, the court sends the case back to the original court for a new trial. The prosecution has several options at this point. These include:
- Appealing the Appellate Court’s decision
- Retrying the case
- Offering a plea deal
- Dropping the charges completely
Their course of action will depend on how strong they believe their case is. If they feel it is likely you would not have been convicted if legal errors were not made, they might choose to offer a plea deal or drop the charges altogether.
Speak with a Skilled Murrieta Appeals Attorney
If you believe there were legal errors made during the criminal process that robbed you of a fair trial, we strongly recommend speaking with a skilled Murrieta appeals lawyer. You do not have to accept an unfair verdict or unwarranted court-imposed penalties.
Contact our seasoned appellate attorneys at the Law Offices of Scott D. Henry for a free consultation. We are a team of skilled litigators with extensive appellate law experience. Our legal team could advocate aggressively on your behalf to get you the justice you need.