When to File a Criminal Appeal in California

By: Wallin & Klarich

At Wallin & Klarich, we get many calls from people who seek information about criminal appeals due to our expertise in the area. As criminal appellate lawyers we have handled many appeals and writs. One of the most common questions we are asked by clients or potential clients is when is an appeal appropriate.

An appeal of a criminal conviction is appropriate when a legal or procedural error occurred. Sometimes, instead of filing an appeal, there are other remedies or procedures that are better suited to an individual’s particular case. For example, it may be better, from a strategy standpoint, to file a Writ of Habeas Corpus rather than an appeal. One advantage of a Writ of Habeas Corpus over an appeal is that a Writ of Habeas Corpus has a longer period of time in which it can be filed. An appeal generally has to be filed within 30 or 60 days from sentence or the judge’s decision, depending on the facts of the case.

Because it can be difficult to know the best way to proceed for your case, it is often best to hire a lawyer to review your case and your file and then give you advice on what your options are and what your best option may be. After reviewing your file, a criminal appellate lawyer can give you a plan of action that should be followed to achieve the best outcome of your case.

If you have questions about your case, or a case of a loved one, please do not hesitate to call us. Put our expertise to work on your behalf. Give yourself the best chance at winning. Give us a call at 888-749-7428. Visit us at www.wklaw.com

Posted In: Appeals