Experienced California Appeals Lawyer
Are you looking to appeal the verdict in your California criminal defense case? The Law Offices of James M. Bishop are here to assist you.
Who Can Appeal a Criminal Conviction?
An appeal asks the higher court to overturn the trial court’s decision based on legal or procedural error. No new evidence may be introduced on appeal; instead the appellate court looks at the record and evidence from the trial court to determine if the trial court properly decided the case. If a defendant is successful at appeal, he will be entitled to a new trial or the charges against him will be dismissed.
What Legal Errors are Grounds for Reversing a Conviction?
There are many complicated ways that a conviction can be overturned on appeal including:
- Insufficient evidence against the defendant
- Improper instruction of the jury
- Error in law used
- Use of illegally obtained evidence at trial
- Inadequate representation for the defendant
Does my Plea Affect my Rights to an Appeal?
In most instances, if you enter in a guilty plea you will forfeit your rights to a criminal appeal. However, it is possible to enter in a conditional plea or a plea of no contest, which would allow you to appeal certain pre-trial issues. For example, if the trial court concluded that a piece of evidence should be suppressed, you can enter in a conditional plea and then appeal the ruling regarding evidence.