What You Need To Know About Appeals
When a final judgment is made in a criminal or civil case, it doesn’t necessarily mean that the legal battle is over. The party that is unhappy with the ruling may choose to file an appeal. An appeal is a request to a higher appellate court to review the decision of the lower trial court.
An appeal is NOT a new trial. The appellate court does not accept new evidence, hear testimony from witnesses, or retry the case. Rather, a panel of judges reviews the trial record, as well as written briefs and or oral arguments to determine if the law was followed or if a “prejudicial error” affected the outcome of the case.
An appeal may result in:
- affirming the decision of the trial court;
- reversing the decision of the trial court, in which a new trial may be ordered;
- remanding the case back to the trial court for further action
The appellate court that deals with appeals in Orange County is the 4th District Court of Appeal, Division Three. This court is located in Santa Ana, California and has eight justices in this particular division.
Have You Been Wrongfully Convicted or Unlawfully Imprisoned in Orange County? You Have Options
A guilty verdict can feel like a punch in the gut — especially if you were deprived of a fair trial. The reality is, the criminal justice system sometimes gets it wrong. Judges make bad rulings. Prosecutors behave unethically. Defense attorneys act incompetently. Jurors fail to disclose bias.
If you believe you were wrongfully convicted of a crime or feel that justice has not been carried out in your criminal case, you may be eligible for post-conviction relief. Post-conviction relief allows you to seek a specific remedy from the court such as a reversal of your conviction, a reduced sentence, or release from prison. There are several different ways for convicted defendants in California to obtain post-conviction relief, namely through: a direct appeal, writ of habeas corpus petition, or some other post-conviction relief motion.