If you went to trial and lost, pled guilty and the law has changed, or you feel there was legal error in the plea, you should speak with an appeals lawyer to discuss whether you have a claim to an appeal. You might be entitled to have your conviction overturned or be resentenced as a result of an appeal.
Legal mistakes such as improper jury instructions, misconduct by the prosecutor, improper denials of Fourth or Fifth Amendment issues, improper overruling of legal objections, failing to exclude a bias witness, or other prejudicial errors might all be grounds for making an appeal of a criminal conviction. An experienced criminal appeals lawyer can represent your best interests and properly advise you of any appealable issues in your case.
At Ridley Defense, we represent individuals seeking to appeal their criminal convictions in Ventura, Los Angeles, and various parts of Northern California. Attorney Andrea Keith served as a Los Angeles County Public Defender for ten years and has been serving as a panel attorney for the California Appellate Project and the Central California Appellate Program serving the Second, Third, Fifth District Courts of Appeal and the California Supreme Court for more than 5 years. Andrea is a dedicated appellate attorney and advocate who works hard to ensure that every client’s rights are protected.
The appellate process is complex, requiring extensive knowledge.
You only have a short amount of time to file a Notice of Appeal after a final judgment is issued by the trial court. Once a notice of appeal is filed, transcripts will be prepared, and a thorough review of your case and any possible appealable issues is necessary.
The appellate court reviews the lower court’s proceedings and decision to determine whether there were errors involved in a defendant’s case. Generally, the appellate court considered two types of errors: prejudicial errors and lack of substantial evidence to support the court’s decision.
Examples of prejudicial errors include:
An appellant (the person filing the appeal) may also ask the appellate court to review whether the trial court’s decision was supported by substantial evidence. If a reasonable fact-finder would not have reached the same conclusion as the trial court based on the evidence presented, an appellate court may overturn the lower court’s decision.
You can also appeal your sentence and plea for various reasons such as lack of advisement on immigration or firearm consequences, an illegal sentence, or a change in the sentencing laws.
Within 30-60 days (depending on whether it was a misdemeanor or felony case) after the final judgment or order is made, your Ventura criminal appeals lawyer must file a Notice of Appeal with the Second District Court of Appeal. The Second Appellate District Court of Appeal has jurisdiction over Los Angeles, San Luis Obispo, Santa Barbara, and Ventura Counties.
Division 6 hears all matters arising out of Superior Courts located in Ventura, Santa Barbara, and San Luis Obispo. The Court of Appeal, Second Appellate District, is located at Court Place, 200 East Santa Clara Street, Ventura, CA 93001.
Notice of Appeals are filed with the clerk of the Superior Court, where the case was initially heard. Following the initial notice, the appellant is required to file an Opening Brief. A response is then filed by the prosecution or the respondent.
Referred to as a “Respondent’s Brief,” this legal document will address the errors brought up by the appellant. An appellant may then follow with a Reply Brief and finally Oral Arguments. Decisions from the Second District are generally issued by written opinion.
Ridley Defense Attorney Andrea Keith is a former Los Angeles County Public Defender who has since dedicated her work to representing clients in the appeals process. She currently serves on the Second, Third, Fifth, and the California Supreme Court panels. She has filed appeals in felonies and misdemeanors as well as habeas petitions on murder and other high level felony cases. She has successfully litigated various changes in the law including the Burton case which held that AB 1950 was retroactive.
The appeals process can be grueling and requires uncompromising adherence to rules and procedures. Retaining a knowledgeable criminal appeals lawyer is imperative to achieving a favorable outcome. While overturning a criminal conviction on appeal is difficult, it is next to impossible without the help of a qualified attorney.
If you were convicted of a crime, you should speak with an appeals lawyer from Ridley Defense for a complimentary consultation. Mistakes and errors can and do occur during criminal trials, and an appeal might help bring these injustices to light and overturn your conviction.
Call (805) 208-1866 to get started. Attorney Andrea Keith can help you understand your right to appeal your conviction, order, or court-ordered commitment.