Understanding the California Appellate Process for Criminal Cases (2025)

California’s criminal courts allow defendants to appeal verdicts under certain circumstances. One possible outcome of an appeal is an overturned verdict. Understanding the California appellate process for criminal cases is an important first step if you are pursuing justice following an unfair criminal trial. With strong legal representation and timely court filing, the appeals process can provide important remedies for defendants whose rights were violated in court.

Determining Your Eligibility for an Appeal in California

One of the first steps when seeking an appeal is to understand the basics of the appellate process for criminal cases. It is important to understand that an appeal is not a “do-over” for your original trial. The higher courts are not trial courts, and they do not question witnesses and make rulings on the defendant’s guilt in a criminal case matter.

The appeals court process allows serious legal errors to be corrected. The higher courts have authority over the lower courts and can order multiple types of relief if the defendant’s arguments are sound and based on evidence.

One area any court of appeals considers is whether the defendant received a fair trial. The right to a fair trial is a constitutional right, and serious violations of this fundamental right can provide legal grounds for a successful appeal. Qualifying reasons for an appeal could include:

• Judicial errors
• Prosecutorial misconduct
• Ineffective assistance of counsel
• Jury misconduct
• Due process violations
• Improper admission or exclusion of evidence
• Sentencing errors
• Lack of jurisdiction

These and other legal errors and examples of misconduct can form the basis of an appeal if the defendant or their attorney files the right paperwork on time.

Filing a Notice of Appeal

Appealing a trial verdict is not an open-ended right. The courts enforce strict deadlines for an appeal. One critical first deadline involves filing a Notice of Appeal. For misdemeanor cases, this notice must be filed within 30 days from the day the verdict was rendered. Anyone convicted of a felony has 60 days from the day of their verdict to file this notice. With few exceptions, failing to meet this important deadline likely means losing the opportunity to appeal your verdict.

Reviewing the Trial Record

Once the appeals court receives the notice of appeal, the defendant or their attorney can begin gathering evidence to support the appeal. New evidence cannot be admitted for review by the appellate court. Any legal arguments made before the court of appeals must be based on the trial court’s official record. One key piece of evidence could include the official transcript, which includes a careful word-by-word account of statements made in court.

If the trial judge made statements that prejudiced the jury, for example, the transcript could stand as a record that the appellate panel of judges can then review. This information must be requested, copied, and carefully submitted along with other documents as part of the appeal process.

Drafting the Appellate Brief

The appellate brief is one of the most critical components of the appeal process. This document outlines the legal arguments explaining why the conviction or sentence should be overturned. The defense attorney reviews the trial record, identifies errors, and cites relevant case law to support the appeal.

The appellate brief must be clear, well-organized, and persuasive, as appellate judges base their decisions primarily on written arguments rather than new testimony. The prosecution has the opportunity to respond with a counterargument.

Possible Outcomes of an Appeal

An appeal does not guarantee a case will be overturned, but it can lead to several different outcomes. If the appellate court finds serious legal errors, it may overturn the conviction, which could lead to the charges being dismissed or a new trial being ordered.

In some cases, the court may determine that sentencing errors occurred and adjust the penalty accordingly. If the court finds the errors were not significant enough to affect the outcome, it may uphold the conviction.

FAQs

How Does the Criminal Appeal Process Work in California?

A criminal appeal reviews trial errors, not guilt or innocence. It starts by filing a Notice of Appeal within 30 or 60 days, depending on the charge. The appellate attorney reviews trial records, files a written argument, and may present oral arguments. The court then decides whether to uphold, overturn, or modify the conviction.

What Are the Key Steps in the California Appeals Process?

The process begins with filing a Notice of Appeal before the deadline. An attorney reviews trial transcripts and submits an appellate brief arguing legal errors. The prosecution responds, and sometimes oral arguments follow. The appellate court then issues a ruling, which may affirm, reverse, or modify the conviction, or order a new trial.

How Often Are Criminal Appeals Successful in California?

Most criminal appeals do not result in overturned convictions, but success depends on the strength of the legal arguments. Cases involving clear legal mistakes, constitutional violations, or misconduct have a better chance. If errors are proven, the court may order a new trial, reduce a sentence, or dismiss charges entirely.

What Is the 90-Day Rule in the California Court of Appeal?

The 90-day rule requires the appellate court to issue a decision within 90 days after reviewing arguments. While this sets a guideline, complex cases can take longer. The ruling determines whether the conviction stands, the sentence is changed, or a new trial is required. An attorney can monitor the case’s progress.

Schedule Your Court of Appeal Consultation Today

A carefully worded and methodically documented appellate brief can notify the court of appeals that your fundamental right to a fair trial was violated during your trial. One remedy for a successful appeal could include the overturning of your conviction. In other cases, the higher courts could remand the case back to the trial court for resentencing or a new trial.

This process plays a vital role in protecting the rights of defendants. The appellate lawyers with Quinn & Dworakowski, LLP, can review your case for evidence of legal errors and take swift action to file an appeal calling for relief from the higher courts. Contact our office today to schedule your consultation.