June 13, 2011 By Wallin & Klarich

The right to appeal in a criminal case is conferred and defined by statute. (California Penal Code 1237) Appeal is initiated by filing a notice of appeal with the Clerk of the Superior Court within 60 days from rendition of the judgment or challenged order. The appeal must be taken from a final judgment, which is defined to include an order granting probation, insanity commitment, mentally disordered commitment, or an addiction commitment. The defendant may file a general notice of appeal, simply appealing from the judgment following a jury or court trial or a contested probation revocation. This notice does not require any specification of issues and counsel on appeal is not limited by any designation of issues by trial counsel.

If appellate counsel discerns a defect in the notice of appeal or the absence of a certificate of probable cause, the problem must be immediately addressed. If it is less than 60 days since the imposition of judgment, counsel can file an amended notice of appeal or an application for a certificate of probable cause. If it is too late to proceed in the trial court, relief from default must be sought in the Court of Appeal.

The appeals process can be lengthy and complex. Without the aid and knowledge of an experienced appeals attorney, the whole undertaking can be overwhelming. Our appellate lawyers at Wallin & Klarich have over 30 years of experience handling difficult appeals cases and will work diligently to file a timely appeal that will help you overturn your conviction. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

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