Riverside Appellate Lawyers

Grounds for Appeal

If you want to appeal a conviction or other unfavorable decision at your trial, you'll need to give the appeals court grounds for the appeal -- a good reason. Your case will be dismissed quickly if you don't provide a reason the court finds adequate. Good grounds for an appeal are usually that someone at your trial -- the judge, the jury, the prosecutor or even your own lawyer -- made a mistake so serious that it changed the outcome of the case. Of course, you may cite more than one reason for your appeal.

Legal errors are the most common grounds for an appeal. A legal error is a mistake somebody made in applying the law to your case. For example, judges can choose what evidence they will allow the jury to hear. If the judge does not allow evidence that he or she should have allowed according to the law, that's a legal error. Other legal errors could include:

• The judge gave incorrect instructions to the jury.
• The judge admitted evidence he or she should not have admitted.
The jury came back with a guilty verdict despite a lack of evidence.
• The judge abused its discretion in some way.
• You were sentenced more harshly than the law said you should have been sentenced.
• Some Constitutional rights violations.

Another ground for an appeal is misconduct by someone at court. Most often, this is improper conduct by jurors. However, prosecutors, judges and your own lawyer can also make mistakes. Some misconduct-based grounds for appeal include:

• Prosecutors withheld evidence from your lawyer.
• Someone on the jury was abusing drugs or alcohol during the trial.
• A witness or lawyer improperly communicated with the jury.
• The court refused to dismiss a juror who was biased.
• The prosecutor excluded jurors for improper reasons, like race or gender.
• Your lawyer was so ineffective that his or her bad advice may have changed the outcome of the case.

Not every error is good grounds for an appeal. Some errors are "harmless" because they didn't affect the outcome of the case. You can't win an appeal based on errors the appeals court considers harmless. You also can't win an appeal based on evidence that wasn't heard at your trial. The Court of Appeals can only consider what is on the record.

These are just some of the grounds for appeal in California state and federal courts. There are others, and not all will apply in each case. If we become your appellate lawyers at Wallin & Klarich, we will go through your trial transcript, motions and other documents thoroughly to find possible grounds for an appeal. We will present these to you as a list of options and tell you which ones we think give you the best chance of success.

A criminal conviction can be devastating. It can change everything about your life -- your family, your finances and your future employment prospects. If you believe your conviction may have been tainted by bad legal decisions or bad behavior, you have the right to challenge it in an appeals court. Wallin & Klarich can help. We have practiced criminal law in Southern California since 1977, handling thousands of criminal cases and hundreds of appeals in state and federal court. After more than three decades, we understand criminal law -- and we have an intimate knowledge of the judges, juries and courts that will hear your case. That's the knowledge and experience that will be on your side with Wallin & Klarich.

At Wallin & Klarich, we approach each case as if we could be defending one of our own family members. We understand how stressful a criminal conviction can be for our clients and their loved ones. That's why we're committed to making sure we're always available to our clients -- 24 hours a day, seven days a week, and every day of the year. We maintain more than 20 offices throughout Southern California, from downtown San Diego to Victorville to Santa Barbara. And because we know criminal defendants aren't always wealthy, we offer free consultations to potential clients. To set up a free evaluation of your case, call Wallin & Klarich today at 1-888-289-6915 or fill out our confidential online consultation form.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you would like to appeal a sentence of conviction in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-289-6915 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.