Criminal Appeal Process in California
A criminal appeal and a criminal charge are handled very differently. In case you are planning for a criminal case in California, it is important to have a competent criminal appeal lawyer. This is because appealing a criminal case is often more complicated compared to a normal criminal charge.
The appeal process is generally the same regardless of how serious or minor the crime is. However, there are a few variations when it comes to Misdemeanor procedures, infraction procedures, and felony procedures.
Bail while pursuing a criminal appeals case
A defendant who has already been convicted has a right to appeal the conviction. You can do so if you noticed a procedural error during the hearing. For example, you can argue about the violation of your constitutional rights.
However, important to note that you do not have a constitutional right to bail during the bail process as it is the case in a trial court. Options for bail generally depend on the laws of individual states. Some states don’t provide bail past the conviction stage while others leave it to the discretion of a judge.
Below are the appeal process steps for a criminal case in California:
Step 1: filing of a notice of the appeal
The first step in the process of California criminal appeals is to file a notice of appeal in the trial court – in most cases in the court where your sentence was made. You are not supposed to file your notice in with the court of appeal. It is also worth noting that your notice of appeal should be filed within 60 days after your sentence has been made.
If it is a felony case, Penal Code section 12375 of California law demands that you also file a sworn statement called “certificate of probable cause”. After filing the two documents, a judge will review and decide whether to accept or reject your appeal.
Step 2: Getting the record, briefing, and arguing
This is the second phase in the appeal process steps. The record is usually made up of two parts; the “reporter transcript and the clerk’s transcript”. These are the two main documents the court of appeal will consider in the criminal appeal case. The appellate court doesn’t take any new evidence after a notice of appeal has been made.
The “clear’s transcript consists but not limited to the following documents:
• List of all the offenses you were charged;
• Written jury instructions;
• Transcript of preliminary hearings;
• Written arguments submitted by the District Attorney;
• Written sentencing info.
What follows after that are opening briefs from the applicant, responses from the prosecution, the appellant’s reply brief and case arguments.
Step 3: Courts decision
The decision is usually made the decision instantly after three judges have adjourned and discussed the case privately. In order to win the case, one of the parties has to get at least two votes of the judges involved in the appeals case.
The court will in writing give clear reasons for its decision. If all the three judges won’t agree, the two judges will vote and the third one will be the tiebreaker.
Step 4: Further Review
If the criminal case California is confirmed by the court, remember that all is still not lost. There are other steps you can take to try and salvage the situation. The steps include; rehearsing, further review in the California Supreme Court, review by the United States Supreme Court.
In general, the process of California criminal appeals is not very different from those in other states. If a person has been convicted of a criminal charge, then they have a right to appeal the decision from the appellate court. It will be upon the appellate judges to decide whether justice was served or not.