Criminal Appeals in California

CALIFORNIA CRIMINAL APPEALS LAWYER
Sometimes in a criminal case, justice is not served.  Judges make mistakes, prosecutors can behave unethically and defense counsel can fail to provide effective assistance.  Appeals are not a way of reconsidering factual determinations, but rather a way to review decisions and aspects of law and procedure.

To appeal a final judgment in a criminal case, the defendant must file a notice of appeal within 30 days for misdemeanors and within 60 days for felonies.  If you fail to file a notice of appeal, there may still be an opportunity to appeal, but it will be more difficult.  Either way, it is important to consult with an appellate attorney quickly.  Your attorney will be able to file and argue a brief on your behalf.  While an appeal is pending, someone convicted of a misdemeanor is entitled to bail pending appeal.  Following a felony conviction, a defendant might be able to get bail pending appeal, but this is left up to the judge.

Appeals are a complex process, and may involve working with the trial court, state appellate court, state supreme court and federal courts.  Appeals rely more on research, writing an oral argument that persuasion as to facts.  Appeals will often be centered around issues regarding a judge's interpretation of the law in a way that disadvantage the defendant.  Appeals may be time-consuming and costly, but if you believe you've been wronged by a decision in court or were not adequately represented at trial, you might be entitled to a new trial and/or re-sentencing. 

The Appellate courts serve a very important function in making and enforcing rulings in individual cases, but it is also important to note the important function these courts serve in making and interpreting laws.  This far-reaching function means that appellate decisions will make case-law that might affect future rulings in other courts throughout the state.

Appeals of state convictions must first move through the state appellate process before a federal court will consider hearing an issue in a case on appeal.  Because a person can first exhaust state appellate opportunities and then also pursue federal appeals, appealing a case can take many years.  If murder cases and other serious matters, appeals are very common and often carried out as far as possible.

Defendants in criminal cases are entitled to appointed counsel for appeals, just as with pre-conviction representation.  Appellate appointed counsel can be among the most experienced appellate attorneys in the state.  Private representation in appeals can be very expensive due to the vast amount of research, reading and paperwork involved in the process.

If you wish to appeal a ruling or a sentence, contact a California Appellate Lawyer for a free consultation.  The Law Offices of Nicholas Loncar, located in Studio City in Los Angeles might be able to help. 

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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