If you’re considering appealing your conviction then there are a few things you should know. Too often, we find that clients believe that a conviction is a new trial in and of itself. It’s not. The only job of an appellate court is to determine if there were mistakes made in your case that could potentially warrant a reversal of your conviction. To learn more, read on and then reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
- Not liking the verdict isn’t enough of a reason to file an appeal
- You have a limited time in which to appeal
- It’s possible to get bail while your appeal is pending
- A mistake by a lower court doesn’t guarantee you anything
- There may be other options
- Winning your case isn’t the end
- You may be recharged
It’s not uncommon for a person who’s convicted to want to file an appeal simply because they don’t like the outcome of their case. However, this isn’t how it works. You must have grounds for an appeal, and those grounds must involve a mistake made by the court when they applied the law to your case.
If you want to appeal your conviction then you need to contact a criminal defense attorney right away. If your charge was a misdemeanor, then you have just 30 days to file an appeal. If your conviction was a felony, then you’ll have 60 days to appeal. Either way, reach out to Law Office of Michael L. Fell at (949) 585-9055 right away if you think you may qualify.
You may be able to get bail granted so that you won’t be locked up while the courts consider your appeal. This doesn’t apply to all cases, but if you were convicted of a low-level, non-violent offense like writing a bad check, then you may be eligible for bail.
Convincing the appellate court that a legal error was made during your case is only the first step. The appellate court must then decide if it’s a harmless error or a reversible error. If it’s the former, then they will decide it didn’t affect your case and may not reverse your conviction. If it’s the latter, then they will further consider the case.
In the event your petition for a rehearing doesn’t go through, we may be able to file a petition with the California Supreme Court. This must be done within 40 days of the initial ruling. If the CA Supreme Court decides not to hear it, then there may be additional options within federal court.
If you do win your appeal, then the appellate court will reverse the conviction of the lower court and send the case back to them.
If the appeal works in your favor and the charges are reversed, then the prosecution will be able to decide if they should refile charges or not. If they decide not to then you can move on with your life. If they decide to refile then you’ll have to decide if you should take a plea bargain or fight the charges. We can help. Call (949) 585-9055 for a free legal consultation.