Appellate Criminal Attorney San Diego
If you are convicted of a crime and believe a legal error was made during sentencing, then you have the legal right to appeal. In this case, when appealing, you will no longer be known as the defendant but as the appellant. The attorney you will be hiring in this stage is the appellate criminal attorney San Diego. He is knowledgeable on matters relating to appeals. To appeal, you will be appealing to a higher court; asking it to look at the records of the trial proceedings.
Appealing the legal errors
With the appeal, you are not challenging the decision of the jury but rather challenging the errors you believe the prosecution or the judge made during the trial. The appellate criminal attorney San Diego will look at the errors made in the preliminary hearing, during the pre-trial motions and also during the trial. This means you will need the trial records from the sentencing court.
Notice of appeal
Though the appellate criminal attorney San Diego will have a lot of time to prepare your formal appeal, there is usually limited time by which you should make your intention to appeal. Mostly, you have 10 days after the sentence is passed. To file an appeal, the criminal appeals lawyer will have to include the issues upon which you are basing the appeal. If the reason is not good enough or if you filed too late, the appeal may be rejected.
Records and writs
After filing for an appeal, the appellate court will receive all the records and rulings leading to the trial. The appellate criminal attorney San Diego you hire will file a brief which outlines why you believe there was a legal error. After filing an appeal, the prosecution will have to respond. He will do this by writing a brief which tells the appellate court why it believes there was no legal error made.
Next highest court
Though it is possible, the criminal defense attorney San Diego who handled your case will probably not be the one handling your appeals. You need an appellate criminal attorney San Diego with extensive experience with the appeals process; a lawyer who has experience working in the higher courts.
In the higher court, the appellate criminal attorney San Diego will present your case against the facts presented by the prosecution. The appeals are rarely successful but if you lose the case in the appeals court, you can apply to the state supreme court and if not successful, you can go higher to the federal district appeals court and finally to the U.S. Supreme Court.
Appeals are more length and significantly expensive. Only a handful of appellants are successful. This is why after an appeal is granted, it makes news headlines. For a conviction or sentence to be overturned, a legal error has to be found and that error has to be both clear and serious enough to influence the outcomes of a trial. An example of an error is where your appellate criminal attorney San Diego is able to prove the evidence presented did not support the final verdict.