Once you're found guilty of a crime, a judge will inform you that you have 60 days to file an appeal. If you file an appeal within that time frame, then you will retain the ability to file an appeal.
Once you file the appeal notice, you will be appointed counsel if you need help to afford an attorney yourself. It is crucial to consult your trial lawyer about their opinion on whether you have an appealable issue. Their expertise and understanding of your case will provide you with a sense of reassurance.
One of the main grounds for appeal is damaging and prejudicial evidence at trial that the judge never should have allowed. Other grounds for appeal include jurors doing things that they are not supposed to do and judges giving jury instructions that they are not supposed to.
There are a whole host of different angles that could be used to begin the appeals process in Los Angeles or any other county in California.
Are There Differences Between Misdemeanor and Felony Appeals?
Someone who has been convicted of a felony will generally have more rights to an appeal than someone who has been convicted of a misdemeanor.
However, a person has a right to a jury trial and an appeals process—regardless of whether they've received a felony or misdemeanor conviction.
The judge will tell you how long you have to file a notice of appeal, and then you must decide whether to litigate your own appeal or have the government appoint an attorney for you.
Obviously, you want to hire your appellate lawyer if you want the best chance of success.
Typically, the trial attorney files the notice of appeal on your behalf and then hands it off to the appellate lawyer.
I often receive calls from appellate lawyers trying to get information about a particular case; your trial lawyer would be responsible for handling this in both felony and misdemeanor cases.
Can Any Type Of Conviction For Any Crime Be Appealed?
If you are convicted by a jury and sentenced by a judge, you have the right to begin the appellate process.
You would have to file the notice of appeal within a certain amount of time and be prepared to litigate the appeal, either by yourself, with a private lawyer, or with a government-appointed lawyer if you can prove that you are indigent and cannot afford to hire your appellate lawyer.
To be successful on an appeal in California, having valid grounds for the appeal is crucial. A strong case can significantly increase your chances of a successful appeal, giving you a sense of hope and determination.
If you're unsure about the strength of your appellate issue, it's important to consult your attorney. Their guidance can help you avoid wasting time and resources, making you feel more involved and empowered in your legal process.
Alternatively, you can hire an appellate lawyer who will likely talk to your attorney about it, review the transcript from the trial, and help you decide whether it is worth the time and effort to move forward with an appeal.
Do I Have To Wait A Certain Amount Of Time Before Filing An Appeal In CA?
The only requisite for filing an appeal is that you first have to be sentenced. Once the judge sentences you, you can file a notice of appeal.
You will need to decide whether or not you are going to represent yourself, hire your lawyer, or have a lawyer appointed to you by the state.
Whoever handles the appeal for you will obtain the trial transcript and identify any issues that might be grounds for an appeal.
If I file an appeal, can I get out of jail or prison while awaiting the appellate court's decision?
Your attorney can file a motion with the judge who heard the trial in a criminal case and ask that you be released while the appeal is ongoing.
If you are already in custody at the time of the case, then you probably won't be released pending an appeal. If you are already out of custody, then you can try to make the motion that you should be allowed to remain out of custody while the appeals process is ongoing.
As a criminal defendant in Los Angeles or anywhere in California, you could be sentenced to prison or jail.
If this occurs, then the judge will want you to begin serving your sentence right away rather than wait through a lengthy appeals process.
This is because the prosecutors and victims will feel that justice is not being served if they do not have to serve their sentence during a lengthy appeals process.
In my experience, it's very difficult to convince a judge to allow someone in a criminal case to remain out of custody during the appeals process.
If the appeals process is unsuccessful, then you can go to the next level of court in California, which is the 9th Circuit. Of course, there is the United States Supreme Court as well. There are remedies to losing an initial appeal, but they are case-specific.
