Appeals Attorney in Salinas

Your Rights After a Conviction

If you have been convicted of a crime, you may have the option to appeal. An appeal is a legal process through which a higher court reviews the decision of a lower court to determine if there were any legal errors that impacted the outcome of the trial. At Law Office of John Klopfenstein, we are committed to helping clients navigate the complexities of the appeals process. Our Salinas appeals attorney has more than 30 years of legal experience and can help you strive for a fair resolution.

Call us today at (831) 610-5921 to discuss your options during an initial consultation.

What Is an Appeal?

An appeal is not a new trial; it is a review of the trial court’s proceedings. The appellate court examines the record from the original trial, including transcripts, evidence, and documents, to assess whether the law was correctly applied. To request an appeal, you must have valid grounds.

Common grounds for appeal include:

• Procedural Errors: If you believe mistakes were made during the trial that affected the verdict, you can request an appeal. 
• Insufficient Evidence: If the evidence presented was inadequate to support a guilty verdict, you could have grounds for an appeal. 
• Ineffective Assistance of Counsel: If your attorney did not provide competent representation, you can appeal your conviction.
• Misinterpretation of the Law: Errors made by the judge regarding legal standards or procedures can affect your case and result in an appeal. 

At Law Office of John Klopfenstein, we can determine whether you have grounds for an appeal and, if so, help you initiate the appeals process. 

The Appeals Process 

Understanding the appeals process is important, as it allows you to know what to expect when appealing a conviction in Salinas or anywhere in Monterey County.

Below is a general overview of the California criminal appeals process: 

• Notice of Appeal: The first step is to file a Notice of Appeal with the court that issued the original decision. This must typically be done within 30 days for a misdemeanor conviction and within 60 days for a felony conviction. 
• Record Preparation: The court will prepare the trial record, which includes all relevant documents, evidence, and transcripts from the original trial. This record is essential for the appellate court’s review.
• Briefs Submission: Both parties submit written arguments, known as briefs. The appellant (the person appealing) outlines the reasons for the appeal and the legal grounds. The respondent (the opposing party) will file a brief defending the original decision.
• Oral Arguments: In some cases, the appellate court may schedule oral arguments, allowing both parties (or their legal representation, in the appellant’s case) to present their cases directly to the panel of judges.
• Decision: After reviewing the briefs and hearing oral arguments (if applicable), the appellate court will issue a written decision. This may affirm the original ruling, reverse the decision, or remand the case back to the lower court for further proceedings.

If you are dissatisfied with the appellate court’s decision, you may have the option to appeal to the California Supreme Court, but this is usually reserved for cases with significant legal implications.