Misdemeanor Appeals in California

Misdemeanor Appeals in California

Individuals who are convicted of misdemeanor charges may think that they have no other options. Society has trained individuals to believe that a conviction by a judge or jury is the final say in any criminal proceedings. But there is an entire complex series of appeals courts that every case can go to in a matter of days or weeks. The appellate system is often the last line of defense for individuals who feel they have been treated unfairly by judges, juries, or the police.

What are misdemeanor appeals?


Any conviction that an individual might face could lead to an appeal. The appeals process is one that protects the rights of individuals by checking the power of judges at multiple levels. Individuals can appeal up to the state or federal Supreme Court. The appellate court looks at an individual’s case and their superior court judge and decides if that case was conducted fairly. Their decision can apply to both the most serious felony convictions and the most minor misdemeanors. Appeals are denied in many cases. But when they are accepted, an individual may have their conviction invalidated or their case sent down for a new trial. In many instances, prosecutors are worried after a case wins on appeal and will often drop whatever charges an individual faced.

Misdemeanor California appellate law

The core of misdemeanor case California appellate law focuses on the conduct of the case. Critically, the question of guilt and innocence is not decided. Instead, there are fights and arguments waged over the process of the trial and the rights of the accused. A key part of this discussion is the role of certain forms of evidence in an individual’s case. Evidence must be handled and admitted properly into a trial. Any mistake made in the handling of evidence could invalidate an individual’s conviction. Appellate courts also look at the conduct of judges, juries, and law enforcement. Faulty jury instructions or excessive force used during an arrest can both result in a favorable decision from an appeals court.

What to do


Anyone who is arrested for a crime of any substance in the California criminal justice system will have to go through the booking process. The individual is arrested, brought to a jail, and often held until they could be seen by a district or superior court judge. A judge will determine if there is probable cause for their arrest and what their bail will be. Then, an individual should secure release from jail as quickly as possible. They may need to secure a bail bond in order to do so. They should then hire a competent attorney who has experience in their field in the California criminal justice system.

This individual will take close notes and will spend a considerable amount of time preparing for an individual’s trial if they decide a trial is warranted. The criminal defense attorney will be the first line of defense in the case of an individual wanting to file misdemeanor appeals. A criminal defense attorney will review evidence throughout the trial process and will advise an individual on the best way to pursue the appeal. He or she may turn to an appellate lawyer who has more experience dealing with the appeals court and associated judges. They will be able to advise the person facing conviction on the chances of success for their plan to appeal a criminal conviction.

Conclusion

Any individual who wants to file a misdemeanor case appeal needs to consult with their attorney. They need to know the facts of the law and their chances of success before they file misdemeanor appeals. If an individual feels like their rights have been violated and they may have a chance at success, they should pursue their appeal. The right to appeal a criminal conviction exists to right any wrongs that have been suffered by individuals in the justice system.

Posted in CA Laws Comments Off on Misdemeanor Appeals in California

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