A criminal conviction can have devastating effects. You may be required to serve jail or prison time and pay substantial fines. Still, you should not give up just because you were found guilty. If you believe you were wrongfully convicted, it is best to speak immediately with a Riverside appeals lawyer. Scott D. Henry and his team have decades of experience helping clients appeal their cases and have the verdicts overturned. Our leading criminal defense attorneys have the unique skills and legal knowledge required to overturn your conviction effectively.

When to File an Appeal

A criminal appeal is a legal argument presented to an appellate court, such as the California Supreme Court. This argument tries to demonstrate that mistakes or legal errors were made during the criminal process and resulted in an unfair legal outcome. Suppose you believe a legal mistake was made during your trial that ultimately resulted in a conviction or a harsher sentence. In that case, you should consider appealing the verdict under California Penal Code 1237 PC. It is important to note that an appeal is not a new trial, so no new evidence can be presented. A lawyer in Riverside could assess a case and determine if a defendant has a viable reason to petition for an appeal.

The Appeal Process in Riverside

If you decide to appeal your verdict, the appellate court will review the trial court record and determine if a legal error was made that ultimately changed your case’s outcome. The “appellant” is the side that files the appeal, and in criminal cases, the “respondent” is the prosecution. During this process, the appellant is asking the court to decide if a legal mistake was made. Common grounds for overturning a verdict include:

  • Insufficient evidence to support a conviction.
  • Exclusion of crucial evidence the defense was to present at trial.
  • Evidence was allowed that should have been excluded.
  • The jurors receive unclear or incorrect instructions by the judge.
  • Misconduct by a prosecutor or juror.
  • The defendant’s sentence was not appropriate for the crime.
  • The defendant’s rights were violated during the criminal process.

A careful review of your case by a seasoned appellate attorney in Riverside could determine the appropriate grounds for an appeal. When an appellate court reviews your case, it uses guidelines to make their determination. These guidelines are called “standards of review.” When a lawyer argues that there was a legal error made, they first look at the standard of review pertaining to the particular type of decision made in a trial. If the appellate court decides there was a legal error made, you have won your appeal.

What Happens If I Win My Appeal?

Many people believe that if they win the appeal, the case is over. However, the prosecution has the option to appeal the appellate court’s decision in a higher court. If they decline to do so, your case may be sent back to a trial court to receive a new trial. Often, the prosecution does not wish to try your case again and may offer you a plea deal. If the prosecution believes you would likely not have been found guilty if the error had not been made, they may decide to drop the charges against you.

Speak with a Riverside Appeals Attorney Today

If you were convicted of a crime, you do not have to accept the outcome and subsequent penalties. Therefore, if you believe a legal error was made, it is best to contact an experienced Riverside appeals lawyer immediately. Scott D. Henry and his legal team have over 40 years of combined appellate experience and could effectively fight to obtain a favorable outcome. Representing clients on appeals takes unique abilities and skillset. So, it is crucial to have a knowledgeable and capable legal representation on your side to help you fight for the result you need. Contact the Law Office of Scott D. Henry today for a free consultation.

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Attorney Scott Henry: Criminal & DUI Defense