Irvine Criminal Appeal Lawyer

Irvine Criminal Appeal Attorney

A criminal conviction can be an unsettling moment, but it doesn’t mean your sentence will ultimately stand. Defendants have a constitutional right to a fair trial, and any violations of that right can provide grounds for a successful appeal. With the help of an Irvine criminal appeal lawyer, your attorney can argue before a higher court that your conviction should be overturned.

Why Choose Quinn & Dworakowski, LLP?

As longtime attorneys dedicated to serving justice through the courts, the legal team at Quinn & Dworakowski, LLP, understands the importance of due process rights and a fair trial. When someone is denied those basic rights, a successful appeal of their verdict can provide critical relief for a convicted defendant.

We understand that acting quickly is a critical first step that ensures you are eligible for an appeal. Once you retain our legal services, we provide regular updates on the status of your case and our strategy for overturning your verdict.

Details matter during an appeal, and we can explore past case law examples to support our legal arguments. Our ultimate goal is to prove to the higher courts that you were denied a fair trial so they can render the appropriate legal remedies under the law.

Understanding the Criminal Appeal Process

The Court of Criminal Appeals in California is not a trial court. The role of the panel of judges who oversee appeals is not to revisit arguments about whether a defendant did or did not commit a crime. Rather, the higher courts are tasked with reviewing lower court decisions to make sure they were lawful and that they provided the defendant with a fair trial.

Any evidence submitted to a higher court must come from the trial court’s record. No new evidence will be heard by the higher court. One key piece of evidence is often the official court transcript, which includes an accurate account of everything that was said on the record during a criminal court trial.

The appeals process begins when the defendant or their attorney files a Notice of Appeal with the higher courts. Anyone convicted of a misdemeanor has 30 days to file this notice, while a convicted felon has 60 days to file this important notice.

The defendant or their attorney must then gather evidence from the previous trial, along with other legal arguments, that is submitted as part of what is known as the appellate brief. Based on this filing, the panel of judges determines whether there are legal grounds for calling for some type of remedy for the defendant.

Potential Outcomes of an Appeal in Irvine

A successful appeal can lead to several possible outcomes, depending on the nature of the legal errors in your case. The appellate court may overturn the conviction entirely, which would result in the charges being dismissed.

In some cases, the court may order a new trial. This gives the defendant another chance to present their defense before a jury. If sentencing errors occurred, the court may modify the sentence to reflect proper legal standards. However, if the appeal is denied, the conviction and sentence remain in place.

The Critical Role of Legal Representation During an Appeal

The appeals process for any criminal trial is complicated. Documents must be carefully cited and worded to achieve the goal of the appeal. An appellate brief can contain dozens or hundreds of pages of carefully worded descriptions and legal arguments.

If you are unfamiliar with the lengthy and exhaustive process of appealing a criminal case, you risk missing your one chance at appealing your conviction. In these situations, many defendants rely on experienced appellate lawyers to handle the process.

Lawyers who handle appeal cases in Irvine bring years of experience to the service of their clients. With legal representation, you can rest assured that your case is being handled by knowledgeable and experienced attorneys who understand the process of appealing a conviction.

FAQs About Irvine, CA Criminal Appeal Laws

What Is the Strongest Type of Appeal?

The strongest type of appeal is based on gathered evidence of serious legal errors during a criminal trial. These can include judicial bias, misleading jury directives, deprivation of the defendant’s rights, and other acts that deprived the defendant of their right to a fair trial. Any evidence used upon appeal must be present in the court’s trial record. The appellate brief can supplement these examples with past case law citations from similar appeal efforts.

How Does the Appeals Process Work in California?

The appeals process in California allows a defendant to ask a higher court to review the court record of a criminal trial to look for examples of legal errors that may have influenced the outcome of a trial. The first step involves filing the notice of appeal. Then, the defendant’s attorney must file an appellate brief that documents their legal arguments and requests for relief.

Can New Evidence Be Introduced During a Criminal Appeal?

The court of appeals does not consider new evidence because the court of appeals is not a trial court. The panel of judges who review lower court decisions is focused on the conduct of the court officials during the trial and whether proper procedures were followed. If new evidence emerges that could prove innocence, a different legal avenue, such as a habeas corpus petition, may be necessary.

What Are Common Mistakes That Can Hurt an Appeal?

One major error a defendant can make during an appeal is to focus on legal arguments about their guilt. The court of appeals is not a trial court. A successful appeal should focus on any legal errors made during the original trial or examples of the defendant being denied due process rights. These matters can be addressed by the higher courts through an appeal.

Schedule Your Criminal Appeals Consultation Today

A trial verdict does not strip defendants of their constitutional rights. If your conviction resulted from serious legal errors, ineffective counsel, or judicial misconduct, you may have the opportunity to appeal and seek relief from a higher court.

At Quinn & Dworakowski, LLP, our attorneys have successfully handled appeals for clients facing wrongful convictions or unfair trials. If legal mistakes compromise your case, we are prepared to fight for justice on your behalf. Contact our office today to discuss your options.