The Criminal Appeal Process in California

If someone is convicted of a crime in California, they have the right to appeal the conviction or the sentence. An appeal is a legal process where a higher court reviews the decisions made by the trial court to determine if any mistakes affected the outcome.

The appeal process starts after the trial court enters a judgment. The defendant, now called the appellant, files a notice of appeal within a strict deadline. In California, this is usually 60 days from the date the judgment is entered. Missing this deadline can prevent the appeal from moving forward.

Once the appeal is filed, the trial court prepares the record of the case, including transcripts of the trial, evidence, and documents. The appellant’s attorney then submits a written argument called a brief, explaining why the trial court made errors that justify reversing the conviction or modifying the sentence. The opposing side, the respondent, usually the district attorney, files their own brief defending the trial court’s decision.

After reviewing the written briefs and the case record, the appellate court may hear oral arguments, where both sides can explain their points in person. The court then issues a written opinion deciding whether to uphold, reverse, or modify the original judgment.

It’s important to understand that appeals generally do not involve retrying the case or presenting new evidence. The appellate court focuses on legal errors, procedural mistakes, or misapplications of the law during the original trial.

The criminal appeal process can be complex and time-sensitive. Successful appeals can result in a new trial, reduced sentence, or other changes, but not all appeals succeed.