San Francisco Appeals Attorney
Guidance from Our Criminal Defense Firm
Appeals are commonly initiated by convicted offenders or associated San Francisco criminal defense lawyers in an effort to re-try offender's case with a new jury, prosecution and judge. Appeals are often considered a last line of defense for those who have been found guilty of committing a crime, and so the necessity for a highly-skilled attorney who knows how to get results in court is absolutely paramount.
In short, it is smart to consider filing for an appeal when you are confident that your conviction occurred as a result of error during the trial rather than your own guilt. If crucial evidence was illegally gathered, for example, or if other mistakes or bad decisions were made by law enforcement, the court or the prosecution, and a verdict was still delivered and a sentence imposed, then filing for an appeal is the right choice. In such a scenario, your attorney should be able to dependably show the court that the errors present in your conviction trial played an instrumental role in your conviction, and that you deserve a fresh trial.
The Appeals Process
You must file your appeal at the same trial court where your case was originally heard. The paperwork that is filed with the appellate must also be accompanied with a proof of service, either personal service or service by mail. The proof of service is mandatory because it is a signed document saying that the filing party also gave or mailed a copy of the appeal to the opposing party. Your attorney will be able to file and schedule the appeal on your behalf and deliver the proof of service as well.
By appealing a final judgment you are requesting that the official court decision be formally changed because it was made in error or false light. The appeal must be filed with the court and then a new judge or decision maker with hear your case. This is when your attorney must point out that the decision in the prior ruling was biased, considered evidence that should have been inadmissible, did not consider valid evidence, the judge abused his powers, or that the overall findings were untrue.
The losing party is the one that files the appeal because they are unhappy with the outcome that was agreed upon. Then the applicant and the respondent must write their written arguments down to be submitted. A date is then set for a new hearing and put on the court's calendar. The case will be heard by a panel of justices and at least two or three must agree on one decision in order for majority to rule.
Technically you can only appeal a court ruling decision once so that it can be re-heard. If the court refuses to hear the case then you may be able to go up the court hierarchy system and go to the upper courts above them to have your case heard. There is no court fee for filing an appeal when it comes to a misdemeanor or infringement case.
Defending Your Rights: Okabe & Haushalter
While an appeal may seem like a sure-fire way of securing your freedom, it takes a strong attorney to develop a winning strategy for success. Appeals are not always granted and there must be clear reason as to why the court is re-hearing your case. The criminal defense attorneys of Okabe & Haushalter are students of law in every respect. We approach every case as though it is the only case, and we will take no exception when standing up for the right of the accused to a fair trial. Our firm is known throughout California and across the United States for our deep knowledge of criminal defense matters. We also strive to search and shed light on crucial errors that law enforcement and the prosecution make throughout the legal proceedings that may make an appeal a real option. Take the first step toward the defense you deserve and contact a San Francisco criminal defense attorney at the firm today!