If you have been convicted of a crime, there are still avenues you can pursue to get the justice you deserve. Obtaining skilled legal representation from a leading Moreno Valley appeals lawyer could benefit you immensely and increase your chances of obtaining a favorable resolution.

Our accomplished criminal defense attorneys at the Law Offices of Scott Henry have the skill and trial experience necessary to advocate skillfully on your behalf. The appeals process takes a unique skill set that takes years to perfect. Our attorneys have acquired that skill set, as well as the resources and professional relationships needed to represent you effectively. There is a lot on the line when fighting to have your verdict or sentence appealed. That is why it is essential to have legal counsel that has what it takes to get you the result you need.

How Do Appeals Work?

If a legal error was made during your trial that resulted in a wrongful conviction or a harsher sentence, you might choose to file for an appeal under California Penal Code 1237 PC. An appeal is a legal argument presented to an appellate court, such as the California Supreme Court, asserting that mistakes were made during trial, resulting in an unfair legal outcome.

An appeal is not a new trial. It is simply a review of a previous conviction. During this process, the appellate court reviews the lower court’s judicial rulings and proceedings to see if legal errors were made that substantially impacted a particular case’s outcome. It is also important to know that no new evidence is reviewed during this process. An attorney in Moreno Valley could help you prepare an appeal and explain what to expect from this process.

Common Errors Made at Trial

Several legal errors can be made at trial that might ultimately be grounds for an appeal. Some common procedural mistakes include:

  • Key evidence being withheld to the detriment of the defense’s case.
  • Allowing evidence that should have been excluded.
  • The prosecutor willfully misstated evidence or the law, discussed inadmissible evidence, or otherwise acted in an unethical manner.
  • The defense attorney failed to provide their client with effective legal representation.
  • A juror did not follow the court instructions or independently researched details of the case.
  • The judge gave incorrect or incomplete instructions to the jury.

A Moreno Valley lawyer could review someone’s trial and determine if a legal error was made that could be grounds for an appeal.

What are the Steps to the Appeals Process?

The appeals process begins in Moreno Valley when an appellate attorney files a notice of appeal within 60 days of the adverse verdict. After the notice of appeal is filed, the court clerk prepares and distributes the case’s transcripts to the appellant and the respondent. During the briefing period, an appellate attorney reviews the court documents and creates his or her written argument.

This argument details the facts and history of the original case and argues the law. Next, it is time for the respondent’s, or prosecution’s brief, which argues against the appeal. After the briefing period, both sides present oral arguments supporting their positions. Lastly, the appellate court will make their determination in written form within 90 days of the oral arguments.

It is important to understand that winning an appeal does not mean the case is over. If the appellate court reverses the judgment, the case is sent back to the original court for further action. The action may call for a new trial or for the original judgment to be modified or corrected. The prosecution would then decide if they want to retry the case, offer a plea deal, or drop the charges completely.

Speak with a Moreno Valley Appeals Attorney

Our skilled attorneys at the Law Offices of Scott Henry have extensive experience successfully representing their clients in state and federal appellate courts throughout California. Our legal team knows precisely what elements to look for while reviewing court records and could build a strong, persuasive argument to support an appeal.

If you received an unfair legal outcome as a result of legal errors made during the criminal process, contact our Moreno Valley appeals lawyers today. We offer a free case analysis so that you can fully understand the process, your legal rights and options, and all possible outcomes.

Our Locations
Law Offices Of Scott Henry
N/a