Criminal Appeals Attorney in Ventura

Being convicted of a crime is an emotionally draining experience under any circumstances. Being falsely convicted of a crime is a pain no one should have to endure. Fortunately, Ventura residents who have already gone to trial and lost are not out of options. The state of California provides opportunities for convicted individuals to clear their names and seek justice for themselves. If your constitutional rights have been violated, if new evidence has been discovered, or if there has been some type of court error or misconduct, it is crucial to contact an attorney about appealing the conviction.

Depending on the facts of your circumstance, you may be entitled to a new trial, a reduced sentence or to have your conviction overturned. If you or a loved one have been wrongfully convicted of a crime, contact the criminal defense attorneys at The Law Offices of Bamieh & De Smeth, PLC. We have the aggressive advocates and skillful strategies to get the results you deserve. Call us at (805) 643-5555 for a free legal consultation.

What is the Process for Appealing a Case in Ventura, CA?

The process for appealing a criminal conviction can basically be broken down into two parts: preparing the case and presenting the case.

Preparing the Case

Once you hire your Ventura criminal appeals attorney, you will need to explain to him or her what happened in the trial and why you believe you were unfairly convicted. He or she will begin preparing the case for appeal. Your attorney will file and serve the Notice of Appeal and order the record on appeal. These steps serve to make the other party aware that you have chosen to appeal the case. Timelines in these cases are extremely strict and it is essential to choose an attorney that is conscious of all the rules and regulations of an appeal. Missing a deadline could be the reason your false conviction remains on your record.

Presenting the Case

After your appellate attorney has reviewed your case, he or she will begin drafting your appellate brief. The appellate brief will explain why you are seeking to overturn your conviction (i.e., explain what you believe went wrong in your first trial) and also provide the opportunity to ask the court for the specific type of relief that you are seeking. As a recap, you might choose to seek to have your conviction overturned, be granted a new trial, or receive a less severe sentence. Your lawyer will convey all of the information in the brief in an oral argument to the court and answer any questions the judges may have.

What Happens After the Appeals Court Makes a Decision?

Once all of these steps have been completed, the Court of Appeals will render a written decision. In the decision, the court will deny or grant the relief that you were seeking. If the court has granted your request to overturn the conviction or reduce your sentence, your appeal has been successful and you likely no longer need your attorney’s services. However, in the event that a judge orders a new trial, you will likely want to retain your attorney to see you through to the new trial. If your request is denied altogether, you are not necessarily out of luck. Under California law, you are entitled to appeal the case further, to an even higher court. Your attorney will initiate this process by filing a Petition for Rehearing.

Reasons to Appeal a Criminal Case

Fortunately for those who have been wrongfully convicted, there is a wide variety of reasons why a judge might decide to overturn a conviction. Court systems are complex and not immune to making mistakes. A criminal case might be overturned for legal errors, police prosecution, or juror misconduct, or even because of the discovery of new evidence.

New evidence that would serve to exonerate you from the crime can, of course, be used in your defense and often be grounds for a new trial. A biased judge or violation of your Fourth Amendment right to be free from unreasonable searches and seizures will often constitute grounds for a reduced sentence or overturned conviction.

Contact a Ventura Criminal Appeals Attorney Today

If you or a loved one have been unfairly convicted of a crime, don’t hesitate to contact an attorney. Appeals typically have vital deadlines and it is essential to act quickly to maximize your chances of overturning your conviction. The process for appeals can be long, complex and daunting to navigate. The Ventura criminal appeals attorneys at The Law Offices of Bamieh & De Smeth, PLC, understand how important it is to clear your name and seek justice. Our attorneys have the criminal defense experience and aggressive strategies it takes to protect your livelihood and freedom. We’ll do everything we can to represent you fairly and accurately in court. For peace of mind regarding your criminal conviction or appeal, call us immediately at (805) 643-5555 for a free legal consultation.