No one wants to be convicted of a crime but it happens every day. If this is the position you’re in then you are likely feel scared, overwhelmed, and many even angry. It may feel as though you’re helpless, as though there’s nothing you can do. This may not be true. There are options including direct appeals to post-trial motions.

In the state of California, you have the right to appeal your conviction and your sentencing together. The results could be your conviction being entirely overturned or the sentence reduced. You need to talk directly to a criminal defense attorney to know for sure if this is an option. Keep reading for a general idea of what you should expect and then call Law Office of Michael L. Fell at (949) 585-9055 for a free consultation.

1. 1. You may appeal the case due to legal errors

In a perfect world, the criminal justice system wouldn’t make mistakes but in the real world, mistakes are made. In fact, a mistake could be your saving grace. The court system in California is so complex that it’s impossible to prevent mistakes 100% of the time. Let your attorney look at your case to find out if there was a legal error and if it’s likely that the case would have had a different outcome if that error hadn’t been made.

If that’s the case, then an automatic reversal is possible. Examples of errors that could lead to this outcome include refusing to allow a person to represent themselves or refusing to let them work with an attorney, a judge who’s biased, and the defendant being denied the right to a public trial.

1. 1. You may appeal the case due to misconduct by the police, jury, or prosecutor

In the event that there was any type of misconduct from the jury, police, or prosecutor, then you did not receive due process. If your rights were violated then you are entitled to appeal. This type of misconduct can involve many different things, including jury members bringing in outside evidence, or considering evidence that wasn’t part of the case. If there’s reason to believe this may have happened in your case, then you may have grounds for an appeal.

1. 1. You may appeal if new evidence has been uncovered

This situation can be more complex. When your attorney files an appeal on your behalf, the appellate court that hears it doesn’t consider any new evidence. However, if there’s evidence that could potentially exonerate you, then there’s another process that can work for you. In this case, we’d essentially file a petition for a new trial in which that new evidence could be heard. New jurors at this new trial will hear both previous and new evidence.

Does this answer your question about appeals? If you’ve already been convicted and served your time, but are dealing with the fallout, then getting an expungement may be the best option. Call Law Office of Michael L. Fell at (949) 585-9055 to begin the process.