While many criminal cases are resolved at the trial court level, others must proceed to an appellate court for further review. The stakes are high at the appellate level. This is why it is essential to have legal counsel that has a thorough command of the law and experience necessary to get you a successful resolution.

Our Rancho Cucamonga appeals lawyers have what it takes to effectively represent you during this process. We are skilled litigators with over four decades of appellate experience. Our track record shows our ability to win appeals and bring our clients the justice they deserve.

The Appeals Process in Rancho Cucamonga

The appeals process begins when your attorney files a Notice of Appeal within 30 days of your conviction. After filing the notice, you or your attorney will receive a request from the Court of Appeals to provide a written brief to the court. Then, your lawyer could go through the record and create their written argument supporting your position. It should include the procedural history and facts of your case. After the briefing period, both sides – the appellant and the respondent – will present an oral argument supporting their positions. After the oral arguments are presented, the appellate court reviews the information and make its decision. The decision must be provided in written form within 90 days of the oral arguments. A Rancho Cucamonga lawyer could help someone through all of the stages of the appeals process.

When May Someone File an Appeal?

When reviewing a case, appellate courts determine if legal errors were made that deprived the defendant of their right to a fair trial. Some of the reason a court may grant an appeal include:

  • Ineffective assistance of counsel
  • Misconduct on the part of the prosecution, meaning the prosecutor intentionally misstated evidence or the law, discussed evidence deemed inadmissible, or otherwise acted in an unethical manner.
  • Insufficient evidence
  • Errors made by the judge
  • Misconduct on the part of the jury, such as when a jury member did not follow court instructions, had improper communications with court personnel, or independently researched the case

An attorney in Rancho Cucamonga could determine if a specific case is eligible for an appeal.

Importance of an Appellate Attorney

If you want to win your appeal, you need an attorney in Rancho Cucamonga with a unique skill set. Appeals require special skills such as writing persuasive briefs, meticulously analyzing factual and legal issues based on the appellate court’s standards of review, and presenting an effective oral argument in court. Retaining competent appellate counsel gives you a better chance of success while navigating through the appeals process.

Consult with a Rancho Cucamonga Appeals Attorney

During a trial, there are many opportunities for mistakes to occur. If you feel errors deprived you of the justice you deserved, consult with a Rancho Cucamonga appeals lawyer right away. Our appellate attorneys at the Law Offices of Scott D. Henry are committed to obtaining justice for those who have been wrongfully convicted or received unwarranted, harsh penalties. We are skilled litigators who have extensive appellate experience. Our seasoned attorneys could advocate aggressively to get you a fair and just outcome to your case.

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