Filing an Appeal In California

By: Wallin & Klarich

Let’s face it. Courts make mistakes. Sometimes sentences that are handed down are too harsh. Prosecutors, and even jurors, may engage in misconduct. Evidence can be admitted wrongfully, and laws are occasionally applied incorrectly. And any of these reasons can be grounds for filing an appeal in California.

Unfortunately, however, the appeals process can be complex and slow, given to tight time constraints followed by months of waiting. If you wish to file an appeal for a felony, you have only 60 days from the date of your sentencing to do so. For misdemeanor convictions the window of opportunity closes even sooner – 30 days from the date of sentencing. Missing the deadline precludes you from being able to exercise an important right.

The first step in filing an appeal is to secure the services of a seasoned appellate attorney such as you would find at Wallin & Klarich. Your attorney will thoroughly review your case file, after which he will file an opening brief. This will detail any legal issues in your case that offer grounds for a new trial.

Under the provisions of California Penal Code 1237, one can appeal both errors that occur during the trial, itself, and the sentencing. The appellate court has the power to reverse the guilty verdict and order that you be given a new trial. It may also determine that the sentence that was imposed was too harsh, and send your case back for re-sentencing.

All the above takes time. You may become frustrated as months pass without any seeming progress in your case. If this occurs, remember that a strong appeal takes time to develop. Moreover, appellate courts tend to be weighed down with cases awaiting consideration. It may help to keep in mind that the right of appeal is one of the great safeguards in our system, and that it may be your opportunity for a new trial.

If you have been convicted of a crime and wish to appeal, the Law Offices of Wallin & Klarich are here to help you. We have over 30 years of experience handling appellate cases. Call 888-749-0034 for a review of your case.

Posted In: Appeals