Santa Monica Appeals Lawyer
Understanding the Appeals Process in Santa Monica
Even when you have been convicted of a crime, you don't have to give up the fight to clear your name. The California legal system gives you the right to appeal your case, meaning that you can still take action to argue for your innocence. In an appeal, you will take your case to a higher court for review of the decision to determine whether there were errors in the prosecution or in the judge's verdict or sentencing. A successful appeal can result in the earlier decision being overturned. The procedures involved in making an appeal are different from a normal case, so it is important to work with a Santa Monica criminal defense attorney who has experience in appellate law.
An appeal is not a new trial. It is a review of the trail procedure, evidence, jury handling and sentencing to determine whether these were carried out in strict accordance with the law. A major goal in many appeals is to prove that the evidence in the case was obtained illegally, such as through violating the suspect's constitutional rights or without a warrant. If your attorney proves that the earlier decision was incorrect, the case will most likely be sent for a new trial to correct the situation.