If you feel legal errors were made and resulted in a wrongful conviction or harsher sentence, consult with a Santa Ana appeals lawyer right away. Our skilled legal team at the Law Offices of Scott D. Henry has intimate knowledge of the appeals process and all matters of criminal law. Our criminal defense attorneys are committed to advocating aggressively on your behalf to win your appeal and have the decision overturned.

What are Common Grounds for an Appeal?

Criminal offenses are harshly punished in this area. A conviction’s consequences extend far beyond a jail or prison sentence, hefty fines, and probation. A conviction can impact nearly every aspect of your life. It can affect future job prospects, child custody, visitation rights, and immigration status. That is why you may choose to fight the court’s decision and file an appeal.

When an appeals court performs an appellate review, it is looking for legal errors that prejudiced a defendant or affected the outcome of a defendant’s case. Errors typically involve a misunderstanding or misapplication of the law that ultimately deprived the defendant of a fair trial. Common grounds for an appeal include:

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

An attorney in Santa Ana could review your case and determine if you have valid grounds for an appeal.

Ineffective Assistance of Counsel

In U.S. law, ineffective assistance of counsel is a claim raised by a defendant asserting that his or her legal counsel performed ineffectively, depriving the defendant of their 6th Amendment right to counsel. To prove ineffective assistance of counsel, one must show that the counsel’s performance was deficient, and had it not been for the deficiency, the outcome of the trial or sentencing would have been different. If the appellate court finds the claim to be true, you may win your appeal, and the judgment will be overturned.

The Appeals Process in Santa Ana

There are several steps to the appeals process in Santa Ana. The process begins when an attorney files a Notice of Appeal within 30 days of the conviction. The individual whose behalf the petition is filed for is referred to as the “appellant,” and the opposing party is known as the “respondent.”

A few weeks later, the appellate court will send a letter to the appellant requesting certain preliminary papers be filed. Next is the briefing period, where the appellate attorney goes through the record and crafts their written argument. A brief tells the case’s procedural history and argues the law.

Next, both sides present oral arguments supporting their position. It is then time for the appellate court to make its decision. The decision comes in written form and is issued within 90 days of the oral argument. A lawyer in Santa Ana could help someone with the appeals process.

Consult with a Santa Ana Appeals Attorney Today

Having a criminal conviction on your record can adversely affect you for the rest of your life. That is why you need a Santa Ana appeals lawyer in your corner. Our skilled legal team at the Law Offices of Scott D. Henry has a thorough understanding of the law and how it applies to each case. We know precisely how to successfully appeal a conviction or pursue other methods of post-conviction relief. Contact our office today for a free case analysis. We could thoroughly review your case and determine if an appeal is in your best interests.

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