The criminal appeals process in California may seem daunting, with only a 20% success rate for appeals, but there is hope. The odds of success are significantly higher if there were errors of law and procedure at trial that affected the outcome of the case.

A guilty verdict or conviction is not the end of the road. The appellate process in California offers a glimmer of hope, a second chance at acquittal, and a new trial. The success of your appeal depends on the facts and circumstances of your case and the skill and strategy of your attorney.

Our appellate lawyers will guide you through the factors that can increase your chances of a successful appeal. The appellate court will review whether a legal error occurred during the trial proceedings and if the result may have been different if the error did not occur.

Common grounds for appeal include legal errors made by the attorneys, judge, or jury that go against California law. Examples of legal errors include, but are not limited to, a judge permitting the jury to hear evidence that should not have been admitted, a prosecutor acting unethically, and a jury considering facts outside of the evidence to reach a verdict.

Even if the appellate court concludes that a legal error occurred, it must have been prejudicial, meaning that it probably made a difference in the outcome of your case.

An experienced appellate attorney knows the best grounds for a successful appeal and is familiar with California’s appellate law and how the system works. It’s crucial to choose an appellate lawyer and not a trial lawyer or general practitioner for a criminal appeal. As California criminal appeals lawyer John Murray explains, “The laws that govern California appeals differ significantly from those that govern trials. An attorney who tries to appeal a case without an intricate understanding of those differences will surely jeopardize the outcome of the appeal.” Don’t give up hope, with the right attorney and strategy, you can increase your chances of success.

The criminal appeals process can be a labyrinth of legal procedures and deadlines, but with the right attorney by your side, you can navigate it with confidence. If your original case was a federal case, you file your appeal with the United States Court of Appeals.

Your attorney must be a master of the art of appellate law, able to comb through the trial court records, recognize the types of prejudicial errors that appellate courts find most compelling, and frame the appellate issues in a way that leaves the appeals court with no choice but to overturn your conviction.

In addition, your lawyer must know how to seek further avenues of recourse should the appeals court side against you. If your initial appeal is “affirmed,” meaning that the trial court’s proceedings remain intact, you may appeal it further to an even higher court. If your case is a California state case, you file this appeal with the Supreme Court of California. If your case is a federal case, you file this appeal with the United States Supreme Court.

The California Supreme Court will only accept certain cases and only if those cases are properly filed within the designated timeframes. This is why having an attorney who is well-versed with California’s appeal laws is critical: Failure to abide by these rules will result in an automatic rejection of your case.

At our law firm, we understand the importance of appellate law and the impact it can have on your case. We offer consultations, so don’t hesitate to call us for legal advice. Don’t let your conviction define you, let us fight for your rights and give you a second chance at justice.