Appealing a Felony Conviction: Process and Prospects
April 18, 2024If you have been convicted of a felony, you have the right to appeal the trial court’s decision. The process is complicated, with copious paperwork and specific deadlines needing to be adhered to along the way. You need experienced counsel that knows what steps need to be taken to safeguard your freedom.
The legal team at Bamieh & De Smith, PLC, is here to discuss situations in which a defendant may be eligible to appeal and to provide an overview of the appeals process.
What is an Appeal?
An appeal is asking a higher court to review a case that has been ruled on by a lower court. The appellate court will not accept new evidence or hear testimony from witnesses. Rather, in appealing, a defendant is asking the higher court to reconsider the issue to determine if the trial court made an error in its decision.
Eligibility for Appeal
There are only two situations in which a defendant will be eligible to appeal their case to a higher court:
- There was insufficient evidence to justify the judgment or verdict (in criminal cases, the defendant must be found guilty beyond a reasonable doubt)
- Mistakes of law that take place before or during your trial cause prejudicial error. These are mistakes that had an impact on the court’s decision.
Examples of mistakes of law may include any of the following:
- Failing to suppress evidence that was illegally obtained;
- Failing to exclude hearsay or other testimony at trial;
- Erroneous jury instructions;
- Misconduct of the prosecutor; and
- Ineffective assistance of counsel.
Even if you are eligible for appeal, your chances of having the ruling overturned are not in your favor. It is estimated that only 20 percent of appeals are successful in the Golden State.
An Overview of the Appeals Process
There are six Courts of Appeal in the state of California. Although seven justices sit on each court, only three justices hear the majority of appeals.
To appeal your case in California, the following steps should be taken:
- Figure out your eligibility: You must determine if your case is eligible for appeal and the deadline to appeal. If you have missed the deadline, your case will be dismissed. An appeal cannot be filed until sentencing has occurred.
- File a Notice of Appeal: A Ventura criminal defense attorney will help you file the formal appeal, which must be filed within 60 days of the trial judgment.
- Issuance of certificate of probable cause: The California Rules of Court Rule 8.304 (b)(1) stipulates that if the appeal is challenging the plea, then a certificate of probable cause will be required.
- Record on Appeal: You will need to send a portion of the court trial record to the Appellate Court for review.
- Filing appellate briefs: Each party will provide the facts of the case, the legal issues, and why the lower court’s decision was erroneous.
- Appellate hearing will be held: Both sides will discuss the procedures taken by the trial court. The appellate judges will listen to both parties’ arguments.
- The court will issue a decision: The judges will deliberate and issue a written decision regarding your case, known as the opinion of the court. The court has the authority to affirm, reverse, or remand the case back to the lower court.
Let us discuss these rulings in further detail:
- In affirming: The appellate court agrees with the trial court’s decision.
- In reversing: The appellate court disagrees with the trial court’s decision, resulting in the decision being reversed and,
- Remanding for further proceedings: The case will be sent back to the lower court, which will be instructed to hear part of the case or the entire case.
The ruling of the California Court of Appeals is binding, meaning that it must be followed by the lower court. If you do not agree with the court’s decision, you do have the option to appeal to the Supreme Court of California. However, the court only hears cases at its own discretion.
Speak with a Dedicated Ventura Criminal Appeals Attorney
Our criminal justice system is far from perfect. There are times when an appeal is necessary to safeguard your civil liberties. If you believe that you have been unfairly sentenced or simply did not receive a fair trial, our legal team wants to speak with you. Contact Bamieh & De Smeth, PLC, today by calling (805) 643-5555 or filling out our online contact form to schedule your free case evaluation.