What is the criminal appeals process in California and what steps do I need to take? (CPC 1297)

By: Wallin & Klarich

The criminal appeals process in California begins when you file a Notice of Appeal. If you have been convicted of a felony you have 60 days from the day you were sentenced to file a Notice of Appeal. If you were convicted of a misdemeanor you have 30 days.

Your appellate lawyer will then prepare an Opening Brief, which is your first opportunity to explain why your conviction at the trial level should be reversed. The Attorney General will then have the ability to file a Respondent Brief which responds to the issues presented in your Opening Brief and provides reasons why the prosecution thinks your conviction should be upheld. You also have the ability to file a Reply Brief as a response to the Respondent Brief.

After the briefs have been filed the Court of Appeals will offer an opportunity for the appellate lawyers to participate in an oral argument. At the oral argument your appellate lawyer can work to persuade the Judge to reverse your conviction.

If you are unsatisfied with the results of the appeal you may petition the Court of Appeals for a rehearing. If the Petition for Rehearing is denied you then have the option of filing a Petition for Review with the California Supreme Court.

The criminal appeals process can be lengthy and technical. Further, criminal appeals are difficult to win in California. It is important that you contact an experienced criminal appeals attorney to assist you to appeal your criminal conviction. The attorneys at Wallin & Klarich have over 30 years of experience successfully representing clients in criminal appeals. Contact us today at 1-888-280-6839 or visit us online at www.wklaw.com. We have offices in Los Angeles, San Bernardino, Riverside, Ventura and Orange County. Let us show you how we can get through this together.

Posted In: Appeals