When someone is convicted of a crime, the fight doesn’t always end at trial. Many cases move to the appeals process, where errors made in court can be challenged. In California, a criminal appellate lawyer navigates both state and federal appeals, each with its own rules, procedures, and challenges. Understanding the key differences between these two systems is crucial for anyone considering an appeal.
State Appeals: The Basics
Most criminal cases start in state courts, so naturally, state appeals are the most common. A criminal appellate lawyer in California typically handles appeals in the California Court of Appeal and, if necessary, the California Supreme Court.
Key Features of State Appeals
l Where It Starts: The appeal is filed in the appellate district that handled the trial. There are six appellate districts in California.
l What Can Be Appealed: Defendants can challenge errors such as improper jury instructions, incorrect legal rulings, or ineffective assistance of counsel. However, new evidence usually isn't allowed.
The Process:
l The attorney files a notice of appeal within 60 days of sentencing.
l A written brief is submitted, outlining legal mistakes made during the trial.
l The opposing side (prosecution) responds, and the appellate court may schedule oral arguments before issuing a decision.
Possible Outcomes: The appellate court can affirm the conviction, reverse it, or send the case back for a new trial. State appeals move faster than federal appeals, but they still require strong legal arguments and a deep understanding of California law.
Federal Appeals: A Different Ballgame
Not all cases qualify for a federal appeal. If a person is convicted in federal court, they appeal to the Ninth Circuit Court of Appeals. But even some state cases can go federal if there’s a constitutional issue, like a violation of due process.
Key Features of Federal Appeals
l Where It Starts: Appeals from federal district courts in California go to the Ninth Circuit. If necessary, the U.S. Supreme Court is the final option, but very few cases make it that far.
l What Can Be Appealed: Defendants can argue violations of federal law or constitutional rights. Like state appeals, new evidence isn't introduced.
The Process:
l A notice of appeal must be filed within 14 days of conviction.
l Written arguments (briefs) are submitted, and the prosecution responds.
l Oral arguments may take place, but the decision is largely based on the written briefs.
Possible Outcomes: The conviction can be upheld, reversed, or sent back for further proceedings.
Federal appeals are often more complex and take longer due to stricter procedures and in-depth constitutional arguments.
How an Appellate Lawyer in California Handles Each Case?
A skilled appellate lawyer in California takes a strategic approach to both state and federal appeals. Here’s how they handle each:
l Legal Research: Every appeal starts with a deep dive into trial transcripts, legal precedents, and constitutional issues.
l Crafting Arguments: The lawyer must build a persuasive case, focusing on clear legal errors that affect the outcome.
l Navigating the System: Whether it’s the California Court of Appeal or the Ninth Circuit, knowing the specific rules and deadlines is crucial.
l Oral Advocacy: While many appeals are won on paper, strong oral arguments can make a difference in close cases.
A great appellate attorney understands that every detail matters—from the wording of a legal brief to the timing of an appeal.
Final Thoughts
Whether a case is in state or federal court, the appeals process is complex and demanding. A skilled criminal appellate lawyer knows how to navigate the system, argue effectively, and fight for the best possible outcome. If you or a loved one is considering an appeal, having the right legal advocate can make all the difference.