6 Things to Know Before Filing for a Criminal Conviction Appeal

6 Things to Know Before Filing for a Criminal Conviction Appeal

A criminal appeal is a great way to look for justice if you have been wrongfully convicted by the criminal court.Being wrongfully convicted can ruin your life in many ways. It will make looking for a job, apartment or traveling abroad a nightmare. However, there’s a way to clean up your criminal record and get a clean slate through an appeal.

If you plan on filing an appeal, it’s best to consult a reputable criminal attorney versed in the criminal law in California. In this article, we’ll share a couple of facts you should know before filing.

Filing for an Appeal is not Another Trial

Filing for an appeal will not give you a new trial in the court or give you the chance to submit new evidence. Instead, the appellate court will review your conviction to see if there were any irregularities that would grant you a different verdict.

There are Some Prerequisites

It’s impossible to file for an appeal simply because you are not happy with the conviction. You need to meet certain grounds for an appeal. If the court made a mistake in your case, you might meet the prerequisites for an appeal.

A Mistake Might Not Always Result in a Granted Appeal

If the appellate court determines there was a mistake in your trial, their next goal is to determine whether it’s reversible or what’s known as a harmless error. Reversible errors are those that could have led to a different conviction, while the later one is a mistake that has not affected your case in any way. If a reversible error was made in your case, the court might accept your appeal.

There’s a Deadline to File an Appeal

If you want to file an appeal, there’s a deadline to act. If you’re appealing for a misdemeanor you have 30 days to file for an appeal. For a felony, that deadline is increased to 60 days after the conviction.

You Might Be Granted Bail

Depending on the specifics of your case, the court may allow you to walk out of custody on a bail. If you’re convicted for a misdemeanor you are automatically granted bail while waiting for the result of the appeal. In case of a felony, your criminal defense attorney will have to negotiate a bail with the court.

Winning an Appeal Does Not Free You of the Charges

If the court grants you appeal, the case is sent back to the lower court. The prosecutor can then negotiate a plea bargain, take your case back to the trial or completely drop the charges against you. Therefore, winning the appeal does not mean you are free of the charges or that the trial is over.

Categories: Law

About Author