How do I file a criminal appeal?

Filing a criminal appeal in California is a complicated process that requires special training and knowledge of the law. The first step is to decide whether you have grounds for an appeal. Grounds may include a procedural error by the court, claims of ineffective assistance of counsel, newly discovered evidence, or an incorrect jury instruction. If you believe you have grounds for an appeal, it is important to consult with a criminal appeals lawyer to ensure that all required paperwork is filed correctly and timely. Generally, the appeal must be filed within 60 days of the conviction. Your criminal appeals lawyer will assist you in filing the Notice of Intent to Appeal and the Opening Brief with the Appellate Court. The Notice of Intent must provide a summary of the case and list the legal issues to be argued. The Opening Brief is the appellant’s argument justifying the appeal. It must set forth the facts, with citations to the record, and explain why the court’s ruling was incorrect. Your criminal appeals lawyer will help you identify the applicable laws and legal theories to support your case. The lawyer may also speak to witnesses and create records of the trial in order to help support your appeal. Once the documents are filed in court, the Appellate Court will review the case and decide whether the appeal is valid and should be heard.

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