If there is one thing every convicted Californian should know about the appeals process it is that it is complex and it is slow. At Law Office of Michael L. Fell we can help with appeals, expungements, and other post-conviction needs. Read on to learn more about appeals and then contact us at (949) 585-9055 for your free legal consultation.

You cannot file an appeal until the trial court enters their final judgment

In most cases, you cannot file an appeal until the trial court has entered their final judgment. Put another way, this is the official recording of the jury’s or the judge’s guilty verdict, or the judge’s order that is denying any post-trial motions. The final judgment rule does not allow a defendant to file an appeal until a final judgment is issued for many reasons, including the fact it avoids appeals in cases that end up with verdicts of not guilty.

You have a limited amount of time to decide to appeal

There are strict time limits that apply to appeals. You must file a document known as the Notice of Appeal soon after your final judgment is entered. It will vary but the time frame is generally within seven to ten days. This notice gives the prosecution and court the information that you intend to bring an appeal. If you later decide not to, you can withdraw your Notice of Appeal without fear of penalty but if you do not file it then you cannot file an appeal later.

The appeals process generally takes months

It generally takes months to get through the appeals process. First, a trial transcript needs to be prepared. Then both your criminal defense team and the prosecution must prepare written arguments known as briefs. Your case could then work its way through two or even three levels of appellate courts before it is ever heard.

What to expect after filing your Notice of Appeal

Once you have filed the necessary notice, a transcript of your trial is prepared and both the listed parties and the appellate court get a copy of it. The court then schedules deadlines for your legal team and the prosecution to file their legal briefs. The court may also schedule a date for oral arguments. However, it is become more and more common for a court to decide an appeal based only on a brief and trial record without any oral arguments.

Do you believe you have grounds for an appeal?

If you have reason to believe that you have grounds to appeal your criminal conviction then we encourage you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. Likewise, if you have not yet been found guilty but are facing legal issues then we can help you too. The bottom line is that any time you are dealing with the police or the legal system at large, you should have an attorney on your side.