San Diego Criminal Appeals Attorneys

Mistakes and errors during trials happen more commonly that we know. A criminal appeal can be filed in the San Diego County Court of Appeals when a person who has been convicted of a crime wants to appeal or challenge a decision made by a judge or members of a jury in trial court. A San Diego County criminal appeal is usually filed when a defendant's or a criminal defense attorney believes that an error has been committed during the trial or some important evidence has been overlooked during the trial.

Here are some of the issues that arise most often in criminal appeals cases

• Evidence that may have helped or even acquitted the defendant of the charges, may have been mistakenly or wrongly withheld at the time of the trial.
• There may have been "prosecutorial misconduct." When the defendant alleges prosecutorial misconduct, it means that the prosecution may have acted in an inappropriate or unfair manner. Such arguments could also involve allegations that the prosecution withheld evidence deliberately or knowingly permitted false testimony.
• The wrong law was applied to the case
• Jury instructions were confusing, misleading or incorrect

A San Diego County criminal appeal basically gives the convicted individual a second chance to obtain justice. The appellate court has the authority to overturn or overrule the trial court's decision and reverse it based on the legal argument made by the defense attorney.

Filing a San Diego County criminal appeal is a lengthy and complex process, and requires very specialized expertise. Under California law, a criminal appeal must be filed within 60 days of the sentencing date. The notice of appeal is filed in the court where a sentencing occurred. Then, a copy of all the trial paperwork and testimony are filed with the appellate court. If the trial occurred in federal court, then the appeal is filed in a federal appellate court. If the appellate court reverses your conviction, then you will be entitled to a new trial. If the court upholds your conviction, then there are other options that may be available that you can discuss with your San Diego County appellate attorneys at Wallin & Klarich.

If you have been convicted of a crime in San Diego County, it is critical that you retain the services of a law firm that has years of experience, knowledge, expertise and a successful track record of filing and winning San Diego County criminal appeals. The San Diego County appellate attorneys at Wallin & Klarich have been handling criminal appeals for the last 30 years. We have the experience and understanding of the law to maximize your chances that your appeal will be a success. We make sure that you truly have that precious second chance.