San Francisco Criminal Appeals Lawyer
Are you under criminal investigation or chage with a crime in San Francisco? Contact Valery Nechay Law for aggressive and sophisticated representation.
San Francisco Criminal Appeals Attorney
When a person gets convicted of a crime in a trial court, they can file an appeal in the ninth circuit court if they believe there were errors in the legal process that may have affected the trial outcome. If you or your loved one has been convicted of a crime and wish to challenge the verdict or sentence, consider hiring a San Francisco criminal appeals lawyer at Valery Nechay Law.
A San Francisco criminal defense lawyer can help you navigate the complex appeals process and present arguments to the appellate court to overturn or modify the original conviction or sentence. They present legal arguments to higher federal courts and advocate for the client’s rights throughout the appeal process.
In criminal cases, an appeal is a review of specific circumstances in the criminal record and the legal process that led to the original conviction or sentence. A skilled criminal appeals lawyer will analyze the trial record with legal counsel, including transcripts, evidence, and witness testimony, to identify potential errors or violations of the law and form an appeal basis.
San Francisco, CA Criminal Appeals Law
California has six appellate districts, each with a corresponding court of appeal. These six district courts have the authority to hear appeals from trial court decisions in the counties that fall under their jurisdiction.
In California and many other jurisdictions, the court system operates through three levels: trial, appellate, and supreme. The trial court deals with criminal cases, reviewing the evidence and testimony presented by both sides and making a decision based on the facts of the case. The purpose of the appellate court is to rectify any mistakes made by the trial court and provide a fair and timely resolution to any criminal appeals.
The Supreme Court is the highest legal and criminal justice system. It is mainly responsible for felony cases and reviewing the decisions of lower trial courts or intermediate appellate courts. In San Francisco, if you file a misdemeanor appeal, you may file your notice of appeal with the Appellate Division of the Superior Court. For a felony appeal, the notice of appeal happens with the California Court of Appeal.
Grounds of Criminal Appeals in California
In a criminal appeal, you can challenge a conviction, the prison sentence itself, or the court’s decision, depending on federal law and the circumstances. If a conviction is wrongful, other post-conviction proceedings, including a writ of habeas corpus, can be pursued.
On the other hand, if there was an appropriate conviction of a crime, but the judge imposes an unreasonably long term, you can appeal for sentence reductions in the prison term without questioning the underlying conviction.
An appeal may be based on the following grounds:
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Allowing inadmissible evidence
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Improperly instructing the jury
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Juror misconduct
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Ineffective assistance of counsel
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Prosecutorial misconduct
The appeal process in California generally involves filing a notice of appeal in the circuit court, obtaining the trial record, submitting the appellant’s opening brief, the respondent’s brief, and the appellant’s reply brief, conducting oral arguments, and finally, receiving the court’s ruling.
It is crucial to meet specific requirements and deadlines for a district court or appellate court’s decision on an appeal to be valid. Failing to meet these requirements or deadlines has severe consequences in the legal system. For instance, in California state court proceedings, the appellant has to file a notice of appeal within 30 days from the date of the ruling for a misdemeanor appeal and within 60 days for a felony appeal. You need to adhere to this to avoid a denied appeal application.
Criminal appeals attorneys know the deadlines and procedures and can make sure your appeal is filed timely and that the correct documentation and procedure are followed.
The Benefits of Hiring a Criminal Appeals Lawyer
In addition to providing you with technical and emotional support, hiring a criminal appeals attorney has the following advantages:
- They are familiar with the environment: An experienced and knowledgeable criminal appeals lawyer is familiar with all the laws and processes pertaining to appeals.
- They can handle all the paperwork and file all the documents: The process of keeping track of paperwork and filling it out the right way is not easy. Let a criminal appeals attorney handle the paperwork for you so that there are no mistakes.
- They will protect your rights and make sure you are treated fairly: Your attorney will advocate for your rights and ensure that no violations are made. They will also advise you on what actions to take to achieve the best possible outcome.
A good appeals lawyer is someone you can trust and with whom you can discuss anything related to your case. Schedule a consultation to determine if the lawyer is right for you.
What Valery Nechay Can Do for Your San Francisco Criminal Appeal
An experienced criminal defense attorney and appeals attorney can be a valuable asset to criminal appeals in San Francisco. I can assist you in understanding the appeals process, submitting your notice of appeal on time, ensuring that all necessary documents are submitted correctly, and assisting with pretrial matters.
To ensure that your constitutional rights have not been violated, I will also thoroughly review the record of your trial and all evidence presented in order to identify any possible legal errors. In case of legal errors in your case, I will work closely with you to develop a strategic approach tailored to your particular situation and aggressively pursue your case, advocating for your rights every step of the way.
Get Criminal Appeals Help From a San Francisco Criminal Lawyer
When it comes to criminal appeals, taking on a case on your own can be risky, and it could result in you losing your only chance to appeal. Let an experienced criminal appeal lawyer help you.
I have extensive experience handling criminal appeals and can help you navigate the complex and emotionally strenuous process. My approach to your case is individualized, and I will keep your needs in mind throughout the entire process. I will strive to ensure that the best possible outcome is reached.
The Law Office of Valery Nechay can answer all your questions about criminal law, including “What is a federal indictment?” Schedule a consultation today and take the first step toward protecting your rights.
Frequently Asked Questions
Why Does a Pretrial Hearing Matter?
A pretrial hearing is an essential legal proceeding before a trial. During a pretrial hearing, a judge will listen to arguments from both the prosecution and the defense to determine certain matters related to the trial. If this did not occur, or you were not accorded adequate opportunity, this could be grounds for appeal.
What Is an Appellate Brief?
An appellate brief is a written document that presents your arguments on appeal in the first district court.
What Happens if My Criminal Appeal Is Successful?
If your former criminal case or appeal is a successful outcome, the conviction or sentence may get overturned or modified, and under certain circumstances, you may receive a new trial.
What Happens if My Criminal Appeal Is Unsuccessful?
If your criminal appeal is unsuccessful, the conviction or sentence will stand, and you may have limited options for further appeal.
SET UP A CONSULTATION TODAY
If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you.