/ 10.13.21

Can a Criminal Conviction Be Reversed in California?

Written by: Doug Ridley

Understanding Your Right to Appeal and the Importance of Legal Representation

In the aftermath of a criminal conviction, it can be extremely difficult to determine how to move forward. If you feel that a legal error resulted in your conviction, you may want to appeal the final judgment in your case. It is critical that you consult with an appellate lawyer to ensure that you understand your rights and legal options during an appeal.

At Ridley Defense, we represent individuals who have been wrongfully convicted. Attorney Andrea Keith is a former Los Angeles County Public Defender who has served on the attorney panel for the California Appellate Project for the past five years. She has extensive experience representing clients out of the Second District Court of Appeals, which has jurisdiction over the counties of Los Angeles, Santa Barbara, San Luis Obispo, and Ventura. 

If you have been convicted of a crime and need to file an appeal, contact Ridley Defense at (805) 208-1866 to schedule a complimentary consultation.

Can I Appeal My Conviction?

After a criminal conviction, there may be an overwhelming sense of injustice and frustration followed by a myriad of other emotions. It is essential to remain calm and know that the legal process may allow you to fight the conviction through an appeal. If successful, the appeal can reverse the trial court decision.

It is critical to note that the appeal itself is not a new trial. The appellate court will review the ruling of the lower court to determine whether there was a legal error that affected the final decision in the case. If you believe that a mistake about the law led to your conviction, you need an experienced appeals lawyer.

On What Grounds Can I Appeal?

Appeals are limited in scope. The appellate court will not hear new evidence or allow witness testimony. Not agreeing with the outcome of the case is not grounds for appeal. However, mistakes about the law, juror misconduct, and a lack of evidence to support the verdict are valid reasons.

Legal reasons to appeal a conviction:

  • Improper admission or exclusion of evidence 
  • Ineffective assistance of counsel
  • Improper jury instructions
  • Prosecutorial misconduct
  • Jury misconduct
  • Sentencing errors

These are only a few of the reasons to appeal a criminal conviction. The appeals process is complex, requiring the filing of legal briefs and the following of detailed rules and procedures. 

Failure to comply with these requirements can result in your appeal being denied. The best way to ensure that your appeal gets heard is with the assistance of a highly qualified appellate lawyer.

How Can I Determine If I Should Appeal My Conviction?

Determining whether you should appeal your conviction can be difficult without the help of an attorney. If you believe that you were wrongfully convicted, the first call you should make is to an appellate lawyer.

You only have a limited amount of time to file an appeal. While it is understandable to be upset by a conviction or unfair verdict, you do not have a lot of time to decide whether to appeal. Consulting an attorney immediately after your conviction is the best way to ensure that all legal deadlines are met.

What Does Not Happen at the Appellate Level?

The appellate court reviews the decision of the Superior Court to determine whether there was a legal error or mistake about the law that affected the final outcome of the case. 

An appellate court does not:

  • Retry the facts of the case;
  • Examine new evidence;
  • Hear testimony from witnesses.

An appeal is not a new trial. You will not be granted an appeal simply because you want to have your case heard in front of a new judge or jury. You must prove that there was a legal error that resulted in your conviction in order to have a valid appeal.

Wrongfully Convicted? Contact Our Office Today.

Did a legal error result in your conviction? You may be eligible to appeal. Contact Ridley Defense at (805) 208-1866 to schedule a complimentary consultation with a skilled appellate lawyer. Get information about how your criminal conviction can be reversed today. Do not wait; you only have a limited amount of time to appeal. Call now to get started.

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