Criminal Appeals
Judges can make mistakes. Criminal defendants in California can receive unfair convictions or sentences. In many cases, an unfair verdict can be overturned by appealing to a higher court with the assistance of an experienced criminal appeals attorney. Blackmon & Associates has extensive experience with criminal appeals, regularly arguing cases before the Supreme Court of California and the Courts of Appeal.
If you are found guilty of a crime, you have the right to appeal the guilty verdict and the sentence. An appeal is a review of the trial court's decision by another court. Defendants convicted of a felony in California courts have just 60 days from the date of sentencing to file an appeal. Defendants convicted of a misdemeanor have only 30 days. Similar time limits exist in federal court. It is vital that you immediately contact a criminal defense lawyer who can review the facts of your case and advise you of all available options.
An appeal is not a retrial. You will not be permitted to introduce new evidence. The appeals court will not decide conflicting evidence. Generally, an appeal must be based on an argument that a legal error was made by the trial court. Here are some common legal errors:
- Improper exclusion or inclusion of evidence
- Improper jury instructions
- Improper sentencing
- Misconduct by the jury
- Misconduct by the prosecutor
- Violation of your constitutional rights
- Mistakes by your defense attorney
Although a criminal defendant is usually unable to introduce new evidence, it is possible to have your conviction or sentence set aside on the grounds that new evidence has been discovered since your trial. It is also possible to have a guilty plea set aside.
If you have been convicted of a crime, it is critical that you contact an experienced criminal appeals attorney right away. Contact Blackmon & Associates today at 916-441-0824 to set up a free and confidential initial consultation.
