The Appeal Process for Criminal Convictions in Sacramento

The Appeal Process for Criminal Convictions in Sacramento

Getting convicted of a crime is a scary thing. Even if you feel the conviction was unfair, it can be hard to know what to do next. This article will walk through how the appeal process works for criminal cases in Sacramento, CA. I’ll try to explain it in simple terms, so you can understand your options if you or a loved one gets convicted.

The Notice of Appeal

The notice of appeal is a short legal document your lawyer will file to kick off the appeals process. It goes to the trial court that convicted you and notifies them you want to appeal. This starts the clock ticking – you usually have 10 days from filing the notice to get your paperwork together for the next step.

Filing the Record on Appeal

After the notice of appeal, your lawyer has to put together something called the “record on appeal.” This is basically all the documents and transcripts from your trial. It’s everything the appeals court will need to review your case.

Getting the record together can take a few weeks. Your lawyer has to gather all the court filings, exhibits, and transcripts of what every witness said. Once it’s all collected, your lawyer files it with the appeals court. This is called “perfecting the appeal.”

Writing the Opening Brief

Now comes the most important part – the opening brief! This legal document lays out all the reasons why your conviction should be overturned. Think of it as a persuasive essay to the appeals court judges.

Your lawyer will explain what legal errors the trial court made, like letting in improper evidence or giving bad jury instructions. The brief cites laws, court cases, and the trial record to back up the arguments. It usually takes a few weeks to research and write a good brief.

The Respondent’s Brief

After you submit the opening brief, the prosecutor gets a chance to respond. Their brief is called the respondent’s brief, and it argues why your conviction should stand. They’ll try to counter all the points made in the opening brief.

It can take a month or two for the D.A.’s office to draft their brief. Now both sides have presented their case to the appeals judges.

Your Reply Brief

The next step is an optional reply brief from your lawyer. This gives you a chance to rebut the arguments made in the respondent’s brief. You can point out flaws in the prosecutor’s logic or legal citations. But there are tight deadlines, so your lawyer may skip the reply brief if the opening brief was strong enough.

Oral Arguments

Some appeals wrap up after the briefs are filed. But for major felonies, there are often oral arguments too. This is where your lawyer and the prosecutor appear before a panel of appeals judges to argue the case. They only get 10-15 minutes each to summarize their positions.

Oral arguments are optional, but they can sometimes influence the judges. It’s rare for them to make a decision right after arguments – they usually take a few weeks or months to release a written ruling.

The Appeals Court Decision

This is the moment of truth! The appeals judges will issue a written ruling deciding if your conviction should be overturned or upheld. If they find serious errors that violated your rights, they can reverse the conviction and order a new trial.

But appeals courts give a lot of deference to the original trial judge and jury. They don’t just second-guess every little decision. So there’s no guarantee your appeal will succeed – most criminal convictions are still upheld.

If you win, great news! But if you lose, you can ask the appeals court to reconsider or take the case to the California Supreme Court. Talk to your lawyer about options if the appeal doesn’t go your way.

Finding the Right Criminal Appeals Lawyer

Having a good lawyer is crucial on appeal. The appeals court judges only know your case from the briefs and legal arguments. They never actually meet you! So your lawyer needs to powerfully tell your story and fight for your rights.

When picking an appellate attorney, look for these qualities:

• Deep knowledge of appeals law and procedures
• Strong research and writing skills
• Creativity in finding unique legal arguments
• Patience to scour the trial record
• Persuasive speaking for oral arguments

It also helps if they specialize in criminal defense and have experience handling appeals similar to yours. Don’t be afraid to ask lawyers about their background – you want someone who knows how to navigate this process.

The Sacramento County Public Defender’s office handles many appeals for defendants who can’t afford private counsel. But for complex or serious felonies, a specialized appeals lawyer is often worth the investment. Shop around and find someone you trust.

What Does an Appeal Cost?

Appeals don’t come cheap. Costs can easily exceed $20,000 for serious or complex felony cases. The record preparation, legal research, and brief writing takes many attorney hours. Simple appeals might cost $5,000 to $10,000.

If you can’t afford a lawyer, request a public defender or court-appointed attorney. You have a right to counsel for criminal appeals. But the quality of free lawyers varies widely. If possible, hiring your own appellate lawyer is ideal.

Weigh the costs against the stakes. For minor convictions, an appeal might not be worth the time and money. But for serious felonies with long sentences, it could definitely pay off. Talk to a lawyer about the costs and chances of success.

What Are Your Chances on Appeal?

It’s tough to predict how an appeal will turn out. In Sacramento, only around 15-20% of criminal convictions get reversed or modified. The rest are upheld.

But every case is unique. Certain issues give you a better shot, like:

• Fourth Amendment violations
• Improperly admitted evidence
• Prosecutorial misconduct
• Ineffective assistance of counsel
• Incorrect jury instructions
• Sentencing errors

The better the trial lawyer did at objecting and preserving issues, the stronger your appeal may be. It also depends which judges you get – some are more defendant-friendly than others.

Talk to an appellate lawyer to get an honest assessment. They can explain if you have any solid grounds for appeal based on the trial record. It’s very hard to win without legitimate legal errors to cite.

Staying Out of Jail During the Appeal

After conviction, many defendants have to serve their sentence right away while waiting on the appeal. But in some cases, you can ask the court to let you stay out of custody during the process. This is called a “stay of execution.”

Your lawyer must request it and show the appeal isn’t just a delay tactic. Factors like your criminal history, flight risk, and the seriousness of the charges come into play. Violent felons usually don’t get a stay.

If granted a stay, you must follow court orders like staying in the area, obeying all laws, and avoiding contact with victims or witnesses. Any violation means jail time until the appeal finishes.

What If You Already Appealed Once?

If your direct appeal failed, you may be able to file a state habeas corpus petition. This is a collateral challenge where you argue your conviction was unconstitutional. For example, if your lawyer was ineffective or evidence was hidden.

Habeas petitions are hard to win, but they offer another chance at overturning the conviction. After that, you could try appealing to the federal courts. Talk to a lawyer about options if your direct appeal loses. Don’t give up hope!

Appealing a Guilty Plea

Appealing is tougher if you pleaded guilty instead of going to trial. You waived many rights by admitting guilt, so there may be fewer appealable issues. But tactics like challenging the plea’s validity or the sentence’s legality might work. An attorney can advise if you have grounds to appeal a plea bargain.

Takeaways on Criminal Appeals

The appeals process has strict deadlines and complex rules. Having an experienced lawyer is key. With patience and persistence, some convictions get overturned – but many are still upheld. Weigh your options carefully before appealing, but don’t be afraid to fight an unjust conviction.

I hope this overview helps anyone dealing with a criminal conviction in Sacramento understand how appeals work. Let me know if you have any other questions!

References

California Criminal Appeals Lawyers

California Rules of Court – Criminal Appeals

Guide to Appeals in Criminal Cases