An appeal isn't a new trial. Rather, the appeal provides a limited review of the existing evidence or convictions. The appellate court does not retry the case, accept new evidence, nor listen to witness testimonies. The appeals court will review the proceedings and judicial rulings of the lower court to determine whether there were legal errors that significantly impacted the judge's verdict.
Notice of Appeal
Once you've been convicted at trial, you or your attorney will have 30 to 60 days to file a "Notice of Appeal." A notice of appeal is the document that will be filed in the superior court where your case was decided to let the court know that you intend to appeal the verdict.
Filing an Appeal
Certain important deadlines apply to appeals. Your appeal may be dismissed for missing the deadline.
- For misdemeanor appeals in California, you will file the "Notice of Appeal" with the Appellate Division of the Superior Court within 30 days following the judgment.
- For felony appeals in California, you will file the "Notice of Appeal" with the California Court of Appeal within 60 days following the judgment.
Common Standards of Review
Different guidelines exist for reviewing different kinds of trial court decisions. They are referred to as "standards of review." The common standards of review include:
Abuse of Discretion Standard: The abuse of discretion standard will be used by the appellate court to review your case if you are appealing a decision that involved the judge using his or her discretion.
Substantial Evidence Standard: The substantial evidence standard will be used by the appellate court to review your case if you are appealing a decision that wasn't supported by substantial evidence.
De Novo Standard: De novo is a Latin phrase that means "from the beginning." Here, the appeal court doesn't accept the trial court's decision. The appellate court will review your case as if the trial court hadn't ruled on it previously.
How to Get the Help You Need
Being convicted of a criminal offense doesn't have to be the end of your story. If you believe that you were wrongly convicted or sentenced unfairly, it is important to hire a knowledgeable criminal appeals attorney immediately to protect your rights and handle your appeal.
At McCready Law Group, I have dedicated my career to providing strong representation to individuals who have been convicted of crimes. Using my extensive experience, I will help you navigate the appellate process and continue fighting for your freedom.
Whether you were wrongly convicted or entered a guilty plea based on bad advice from an attorney, I will strategize an effective appeal and fight aggressively to have your conviction reversed. With me on your side, you can increase your chances of getting a favorable outcome in your appeal.