What are the steps in the criminal appeal process?
In California, the steps for the criminal appeal process are as follows: 1. Notice of Appeal - The defendant must file a Notice of Appeal with the trial court within sixty days of being sentenced. 2. Appellate Briefs - Both parties must provide the appellate court with legal briefs explaining their position and arguments. 3. Oral Arguments - If the court feels oral arguments are necessary, both parties will be allowed to present their arguments to the court. 4. Court Order - When the court has reached a decision, they will issue a written court order explaining their ruling. 5. Motion for Rehearing - The losing party can file a motion for a rehearing if they disagree with the court’s decision. 6. Review by Supreme Court - If the appellate court’s ruling is in favor of the defendant, the State can file a petition for review with the California Supreme Court. 7. Final Ruling - After all the steps have been followed, the court will issue a final ruling on the case. The ruling will decide if the conviction will be overturned, if the sentence should be reduced, or if the conviction and sentence should remain unchanged.
Related FAQs
What is a motion for rehearing or reconsideration?Are appellate court opinions binding?
How long do I have to submit a brief in a criminal appeal?
Can I get an expedited appeal of a criminal conviction?
Are there procedural rules for criminal appeals?
Are there appellate court opinions that can be cited in a criminal appeal?
What is the standard of review used on a post-conviction relief order?
What happens if an appeal is granted?
What is the process for filing a criminal appeal in state court?
What is the difference between a direct appeal and a collateral appeal?
Related Blog Posts
Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023Understanding the Elements of a Criminal Appeal Case - August 7, 2023
What to Expect When Filing a Criminal Appeal - August 14, 2023
Strategies for Effectively Contesting a Criminal Conviction - August 21, 2023
5 Tips on How to Prepare for Criminal Appeal Hearings - August 28, 2023