If you feel you were wrongfully convicted or received a harsher sentence due to errors in the legal process, you may choose to appeal the decision. However, having your verdict appealed can be a complicated process, so it is best to have a skilled Fullerton appeals lawyer to advocate effectively on your behalf.

Our seasoned criminal defense attorneys at The Law Office of Scott D. Henry have over 40 years of combined experience representing clients during this process. We have proven track record of success due to our thorough command of the law. Our legal team could advocate aggressively on your behalf during the entire process to get you the result you need.

What is an Appeal?

An appeal is a plea to a higher court to review and reverse a lower court’s decision. It must be determined that legal errors were made, resulting in a wrongful conviction or harsher penalties. An appeal does not allow for a new trial, so no new evidence or witness testimony can be presented.

The job of the appellate court is to determine if legal errors were made that significantly affected the outcome of your case. These errors typically involve a misunderstanding or misapplication of the law. Viable grounds for an appeal include:

  • Judicial errors
  • Exclusion of evidence
  • Ineffective assistance of counsel
  • Prosecutorial misconduct
  • Jury misconduct

An appellate court uses specific guidelines to make its determination. These guidelines are referred to as “standards of review.” When an attorney in Fullerton argues that a legal error was made, the appellate judges look at the standard of review pertaining to the type of decision made in your trial. If the appellate court finds a legal error was made, they grant you your appeal. If they find a legal error did not occur, they affirm the original court’s decision.

Getting a Conviction Appealed in Fullerton

If you win your appeal, the appellate court sends your case back to the original court for a new trial. At this point, the prosecution still has several options. They could:

  • Appeal the Appellate Court’s decision
  • Retry the case
  • Offer a plea deal
  • Drop the charges entirely

The option they choose ultimately depends on how strong they believe the case is. If they feel there is a strong chance you would not have been convicted had the legal error not occurred, they may choose to offer a plea deal or drop the charges completely. A lawyer in Fullerton could prepare someone for what may come after winning their appeal.

Writ of Habeas Corpus

A petition for a writ of habeas corpus is the last method an individual has to challenge their conviction or sentence. It is used after all appellate options have been exhausted. A writ of habeas corpus is similar to an appeal but is typically based on ineffective assistance of counsel or evidence not presented in trial. Before you can successfully file a writ of habeas corpus, three requirements must be met. These are:

  1. The petitioner must be in custody.
  2. The petitioner must have exhausted all other legal options.
  3. The issues raised in the writ must be different than those raised on appeal.

If the court grants the petition, it may choose to release the petitioner, reduce their charges, or change the petitioner’s sentence.

Contact a Fullerton Appeals Attorney

If you believe you received an unfair legal outcome, it is best to consult with a dedicated Fullerton appeals lawyer. Our seasoned appellate attorneys at The Law Office of Scott D. Henry have the skills and resources necessary to advocate effectively on your behalf during this process. Contact our office today for a free consultation. Our team could carefully review your case and determine the most effective course of action in moving forward.

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