Criminal Appeal Lawyer Serving Orange County, CA | Southern California

The Process of Appealing a Criminal Conviction in Orange County, California 

A criminal appeal is a request for a review of your case to determine if any errors occurred at the trial level that led to an unjust conviction or sentence. If you want to appeal, you’ll have to follow the steps below. 

File Notice of Appeal In Orange County, CA

The first step in the appeals process is to prepare and file a “Notice of Appeal” with the clerk of the trial court. Appeals are time-sensitive and must be filed within strict deadlines. 

If the criminal conviction you wish to appeal is for a felony crime, you would be required to file your appeal with the California Court of Appeal within 60 days after the judgment was entered. 

If the conviction was for a misdemeanor crime, you would file your appeal with the Appellate Division of the Superior Court within 30 days from the date the judgment was entered. 

If the conviction was for a federal crime, you would file your appeal with the United States Court of Appeal for the Ninth Circuit and, if that appeal is unsuccessful, with the Supreme Court of the United States.  

Prepare Record on Appeal In Orange County, CA

After filing the Notice of Appeal, the Superior Court compiles the record on appeal, which is an official account of what went on at the original trial. 

 The record is comprised of: 

• the court reporter’s transcript or word for word account of everything said in courtroom by the judge, Criminal Appeal Lawyers and witnesses during the course of the trial, 
• the clerk’s transcript or collection of all exhibits, documents, orders, motions, etc

Criminal Appeal Lawyer Michelle LiVecchi-Raufi will meticulously examine the entire record with a fine tooth comb to determine which grounds, if any, exist as basis for an appeal. 

Grounds to Appeal a California Criminal Conviction 

To succeed on appeal you must allege, and prove, that you received an unfair trial due to any of the following: 

Legal Errors

• Improper admission or exclusion of evidence
• Insufficient evidence to support a guilty verdict
• Incorrect jury instructions

Prosecutorial Misconduct

• Commenting on inadmissible evidence
• Intentionally misstating the law or evidence
• Intimidating defense witnesses

Ineffective Assistance of Counsel

• Conduct fell outside of the boundaries of how a reasonable Criminal Appeal Lawyer would act in similar circumstances 

Jury Misconduct 

• Discussed case before deliberation
• Received outside information
• Intentionally misleads other jurors

Prepare Appellate Brief 

Approximately 40 days after the Notice of Appeal has been filed and the court record has been compiled, an opening brief must be submitted to the court. The opening brief is a written argument which explains the reason for appeal. Appeals are often won or lost based on the strength of the appellate brief. Michelle LiVecchi-Raufi is particularly skilled in drafting briefs that frame a legal argument in a manner that makes the court want to rule in her client’s favor. 

Respondent’s Brief

After the opening brief has been filed, the prosecution prepares a response, called the Respondent’s Brief. Typically, this brief is filed two or three months after the opening brief. After this brief is filed, you will have another chance to file a final rebuttal brief, or Reply Brief. 

Oral Argument

After the briefs have been submitted, the appellate court sets a date for both sides to deliver oral arguments before a panel of appellate judges. You can rely on Criminal Appeal Lawyer Michelle LiVecchi-Raufi to distill the most important information in your brief into a compelling and succinct argument before the court. She will also use this opportunity to address any concerns or answer any questions the appellate judges may have about your case. 

The Opinion

Three appellate judges review the case and discuss the issues and then vote. At least two judges must vote the same way to reach a decision. An appeals case will result in one of the following outcomes: 

• A new trial will be assigned
• A new sentence will be determined 
• The conviction will be overturned and cannot be retried
• The conviction will remain the same

If your appeal is unsuccessful, you can appeal your conviction to the California Supreme Court, which is the highest court in California. If you were convicted of a crime in federal court, however, you would appeal your case to the federal appellate court, which is the United States Court of Appeal for the Ninth Circuit, or, if the appeal is unsuccessful, to the Supreme Court of the United States.

How Long Does an Appeal Take?
From the time the notice of appeal is filed to the time the decision of the Court of Appeal becomes final, it could take up to a year or longer. The time frame depends on the time required to research the facts, prepare the transcripts, write the briefs, schedule an oral argument, and wait for a decision.