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Should I Appeal My Criminal Court Conviction?

Posted on : January 2, 2018
learn more about filing an appeal

If you have recently been convicted of a crime in Sacramento, there’s no doubt that you are curious about your rights and wondering whether or not you should proceed by filing an appeal. If you find yourself in this situation, you should never be alone. Consulting with the right criminal defense attorney can be a significant asset towards protecting your rights and giving you the peace of mind that someone is working hard on your behalf to overturn the original decision on appeal.

You may be eligible to appeal your case if mistakes were made at the lower level that compromised your case, such as having a defense lawyer that failed to act with competence, a prosecutor acting unethically, the judges making a bad ruling or the jury issuing the wrong verdict. An appeal is not a brand new trial before higher court; instead it is a limited review of convictions previously handed down. The appellate court does not retry the case, accept new evidence or take testimony from witnesses.

The appellate court instead reviews the proceeding from the lower court as well as the judicial ruling to identify whether or not legal errors were present that substantially impacted either party’s rights. The individual who chooses to move forward with the appeal is known as the appellant. How you chose to proceed with an appeals case depends on whether or not you were charged with a federal crime. After you have been convicted at a jury trial or a bench trial in the California Superior Court, you maintain the right to appeal that conviction, but you need to take action sooner rather than later to increase your chances of success. You must file an appeal no later than 60 days after the trial court judgement.

Having a seasoned California appeals lawyer can make the difference between pursuing an appeal successfully or having to cope with the consequences of a conviction. If you have already been convicted of a crime in Sacramento, you cannot afford to wait and should instead retain an experienced criminal defense attorney immediately.

 

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