No matter how vigorously and competently your trial attorney presented your case, juries convict those on trial for criminal offenses more often than they acquit them. If you were convicted and sentenced, you have a right to appeal to a higher court for review of your case. There are deadlines you must meet and your Notice of Appeal must generally be filed with the court within a few days of your sentencing.
You have the right to appeal from any adverse final ruling such as: denial of a motion to expunge your criminal record or a revocation of probation. An experienced appellate litigation attorney will review your case and determine if you have issues that can be presented to an appellate court.
Appellate Court Considerations on Appeal from Conviction and Sentence
When you appeal your conviction and sentence, the appellate court only considers errors that are contained in your court record, including rulings on pretrial motions and trial transcripts. If an error is not in the written record, you cannot bring it to the court’s attention on direct appeal. There may be other post-conviction avenues open to you, but important factors you need to know about appellate litigation include:
- No new evidence is presented on appeal: The appellate court is limited to reviewing the record and determining if any error was made in the proceedings. It will not consider any evidence or argument not presented to the trial court.
- Your attorney must have objected to the error at trial: Even if an error was made, if your attorney did not object to it, the appellate court deems the failure to object as a waiver of your right to bring up the issue on appeal.
- You must convince the appellate court that the error was not harmless: The appellate court must be convinced that if the error had not occurred, you most likely would not have been convicted and the error was so bad, you were denied your constitutional right to due process and a fair trial.
Call the Law Office of Brentford Ferreira
Brentford Ferreira, owner of the Law Office of Brentford Ferreira, has 30 years of experience in post-conviction litigation. His office is in Long Beach and he can work on behalf of anyone convicted and sentenced in the state of California. There are time limits that apply to how long after your sentencing you must file your appeal or lose your right to seek review from a higher court. Call him today at (562) 400-8578.