I Need to Appeal My Conviction – What Should I Do? California Penal Code Section 1237

By: Wallin & Klarich

The appeals process can be very complex. Judges, attorneys, and jurors must follow a long list of laws and procedural rules. Because of this complexity, there is a fairly high potential for error. At any point in trial, the judge or an attorney can make an error or mistake that may cause an unjust result. What can happen is that sometimes innocent people are sentenced to prison while guilty defendants escape conviction. Fortunately for those who are wrongfully convicted, there are opportunities to overturn the wrongful conviction and receive a fair trial. This is accomplished through the appeals process.

Generally, you will be allowed to appeal any trial court decision by taking it to a higher court for review. In making an appeal, you are asserting that you were wrongfully convicted because of an error or mistake made by the court. Common errors and mistakes include, but are not limited to, juror misconduct, prosecutorial misconduct, wrongfully admitted evidence, harsh sentences, and incorrectly applied laws. As long as there is a valid legal argument that an error was made, an appeal will be allowed. California law, however, provides a very small window of time to file an appeal. If you were convicted of a felony crime, you will have 60 days from the imposition of the sentence to appeal. For misdemeanor offenses, you will have only 30 days to file.

For more information, go to www.wklaw.com and read our Appeals section. You will find invaluable information regarding the steps and procedures that go into successfully appealing your conviction.

The appeals process is likely to be a very slow and strenuous process that in some cases can take years to complete. Without the aid and knowledge of an experienced appeals attorney, the whole undertaking can be impossibly overwhelming. Our appellate lawyers at Wallin & Klarich have over 30 years of experience handling difficult appeals cases and will work hard to file a timely appeal that will help you overturn your conviction. Call us today at 888-749-0034. We will be there when you call.

Posted In: Appeals