Legal errors during the criminal process can occur, resulting in an unfair conviction or sentence. In these situations, defendants could bring their case to the appellate court. If you would like to try to overturn your verdict, it is best to contact a reputable San Bernardino appeals lawyer at The Law Office of Scott D. Henry. Our skilled criminal defense attorneys have over four decades of appellate experience and could advocate aggressively to get you the resolution you deserve.

What is an Appeal?

An appeal is a plea to a higher court to review the lower court’s decision to determine if legal errors were made in the case. It is not a new trial; therefore, no new evidence or testimony can be heard. Some grounds for an appeal include:

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

Jury Instruction Errors

A common method of getting a verdict or sentence overturned is providing a persuasive argument showing there were errors or omissions made in the jury instruction process. Sometimes, judges do not provide the jury with all of the essential elements to properly deliberate the case. Our experienced appellate attorneys in San Bernardino could perform a thorough review and analysis of the court proceedings to determine if errors or omissions were made in the jury instruction process that affected your case’s legal outcome.

What Happens During the Appeals Process?

There are many steps to the appeals process. First, your lawyer in San Bernardino must file a notice of appeal within 30 days of the verdict. Legal counsel must then provide a written argument supporting the appeal. Following the written argument, both sides present their oral arguments supporting their positions. After the oral arguments are presented, the appellate court goes over the Standards of Review applicable to your case and determines if legal errors were made. If they find legal errors affected your case’s legal outcome, they grant you your appeal. If you are granted an appeal, it does not mean your case will be thrown out. It simply means the appellate court is sending the case back to the lower court for a new trial. Prosecutors may decide to appeal the appellate court’s decision, retry the case, offer a plea deal, or drop the charges completely.

Speak with our Leading San Bernardino Appeals Attorneys Today

Representing a client on an appeal requires a unique skill set. Our experienced appellate attorneys have a thorough command of the law and extensive knowledge of the appellate Standards of Review. Our legal team could analyze the original court proceedings to find any omissions or legal errors and build effective briefs and persuasive oral arguments.

You do not have to accept an unfair sentence or verdict. Our leading San Bernardino appeals lawyers at The Law Office of Scott D. Henry have the knowledge and experience necessary for effective appellate advocacy. Contact our office today for a free case analysis. We are committed to fighting tirelessly to afford you the opportunity to a fair trial and a just legal outcome.

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