California State and Federal Appeals

Los Angeles Criminal Defense Attorneys

If you've been through a trial already, you may know the difference between state courts and federal courts. The law in both types of court is similar, but they are different systems with different rules and different prisons. Which type of court hears your trial depends on what type of crime you were accused of. Most criminal defendants end up in state courts. Federal courts hear cases of federal crimes, which tend to be more serious, involve crossing state lines or involve specific federal laws against crimes like racketeering or tax fraud.

California federal criminal appeals go to the Ninth U.S. Circuit Court of Appeals, a court that hears appeals from nine Western states, including California. It's based in San Francisco, but you won't have to go in person. If you lose your appeal with the Ninth Circuit, you may petition for a rehearing by more judges, and then appeal the case to the U.S. Supreme Court. The Supreme Court's judgment is final.

State appeals go to the California Court of Appeal that hears cases from your region. (There are three in Southern California -- the Second, Fourth and Fifth District Courts of Appeal.) Again, you won't have to go to trial at these courts, although Wallin & Klarich appellate attorneys may be asked to argue your case in person. If you lose with the Court of Appeal, you may ask the California Supreme Court to rehear your case. If you lose there, the last stop is the U.S. Supreme Court.

In both types of court, you have a very short time to file a written notice saying you plan to appeal. That's why time is important in every criminal appeal -- if you wait too long, you may not be able to pursue your case. However, you may begin either type of appeal before the case is over. In California, if you were convicted of a misdemeanor or an infraction (a minor crime like a parking ticket), you have 30 days from the date of the trial court's judgment. If you were convicted of a felony, you have 60 days. Death penalty cases are automatically appealed. In federal courts, you must tell the court you plan to appeal within ten days after the judgment, or ten days after the other side appeals. However, if you can show a good reason why you were late, you may be able to get that deadline extended by the court.

In both state and federal court, you may choose to appeal your conviction (being found guilty), your sentence or both. Grounds for an appeal of your conviction could be any legal error made at trial, misconduct or other mistakes in the record of the trial. Grounds for an appeal of your sentence are generally that the sentence is not similar to other sentences for the same crimes, or is based on wrong information, or is prohibited cruel and unusual punishment. Generally, defendants in federal court appeal their sentences more often than state defendants.

If you're facing a state or federal criminal conviction, you don't have a lot of time to waste. If you think you might want to pursue an appeal, it's important to contact Wallin & Klarich as soon as possible. Our firm has practiced criminal law in Southern California since 1977, handling thousands of criminal cases and many appeals. That means we offer all the experience and legal knowledge of more than three decades of practice, as well as long familiarity with the courts and judges that hear our clients' cases. And because we've been successful, we can also offer resources that few criminal defense firms can match. Based in Tustin, we maintain more than 20 offices from San Diego to Santa Barbara to the Inland Empire. We have attorneys on staff who can help a wider group of Californians because they speak Spanish, Vietnamese, Farsi or Japanese as well as English. And because we know criminal charges can be very stressful for our clients and their families, we're committed to always being there when you call. You can reach a legal professional from Wallin & Klarich 24 hours a day, seven days a week and every day of the year.

For a free consultation with the criminal law experts at Wallin & Klarich, call us today at 1-888-289-6915 or fill out our confidential online case evaluation 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.