According to reports, around 1.2 million criminal arrests are made in California, which comprises misdemeanor, felony, and infraction cases.
If you are convicted of a crime in California and would like to appeal the verdict, it is crucial to find a lawyer specializing in criminal appeals. Criminal law is complex, and an experienced appellate lawyer can make all the difference in whether or not your appeal is successful.
In this blog, you will get an understanding of how to find a good lawyer who handles criminal appeals in California and what they can do for you.
What Is a Criminal Appeal, and Who Can Appeal?
A criminal appeal is a review of a lower court's decision by a higher court. The losing party in the lower court may file an appeal with the higher court. The losing party is called the appellant, and the winning party is called the appellee.
In some cases, the government may file an appeal as well. However, it must be noted that only a tiny percentage of cases end up being appealed. The vast majority of cases are resolved in the lower court itself. To have an appeal heard, the appellant must show that errors were made in the lower court proceedings that resulted in a miscarriage of justice.
If the higher court finds that such errors were made, it will reverse the lower court's decision and either acquit the defendant or order a new trial.
How Can a Lawyer Help With Criminal Appeal?
Anytime you are convicted of a crime, you have the right to appeal the decision. The appeals process is complicated, and it is in your best interest to have a lawyer represent you. A lawyer can help you understand the appeals process and ensure that your rights are protected.
The first step in the appeals process is to file a notice of appeal. This notice must be filed within a certain number of days after the conviction. Once the notice is filed, the case will be set for a hearing. At the hearing, both sides will present their arguments. The court will then decide whether to overturn the conviction or uphold it. If the conviction is overturned, the case may be sent to trial.
If you are appealing a conviction, it is essential to have a lawyer experienced in handling appeals.
In California, you can appeal a decision in the court within a fixed time limit. In misdemeanor cases, one has 30 days to appeal, and in felony cases, you get 60 days to appeal in a higher court.
How To Find a Lawyer for Criminal Appeal?
There are a few different ways to find a lawyer who handles criminal appeals in California. One way is to contact your local bar association. Most bar associations have referral services that can connect you with an experienced appellate attorney in your area.
Another way to find a lawyer is to search online. Many lawyers have websites where you can learn more about their experience and practice areas.
Make sure that the lawyer has experience handling appeals in the state where you were convicted. Each state has its own rules and procedures for appeals, so it's essential to find an attorney who is familiar with the process in your state.
The cost of hiring a criminal appeal lawyer in California can vary depending on the severity of the crime, the amount of time required to prepare the case, and the lawyer's experience. Generally, appeal lawyers charge by the hour, with rates ranging from $100 to $400 per hour.
Ask the lawyer about their success rate on appeals. While no lawyer can guarantee a successful outcome, it's essential to know their track record.