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Practice

Criminal appeals, after the conviction or the sentence

A direct appeal is the one appeal every person convicted after trial or plea may bring, within limits. It's decided on the record, so the work is reading every page and finding the error that mattered.

  • Appeals after a trial

    Errors in the evidence admitted, the jury instructions, the closing arguments or the verdict form.

  • Appealing the sentence

    A sentence outside the law, enhancements the facts don't support, or fines and fees the court couldn't order.

  • Suppression rulings

    When the trial court let in evidence from a search or a statement that should have stayed out.

  • Appeals after a plea

    Narrower, and often needing a certificate from the trial court first. We check what the plea left open before anything is filed.

  • Federal appeals

    Appeals to the Ninth Circuit from convictions and sentences in the Southern District of California and the other federal districts.

  • Restitution orders

    Restitution set without evidence to support the amount, or beyond what the law allows.

Sample matters

Three criminal appeals, as they ended

  • Reversed

    Assault conviction

    The jury was never told about self-defense, though the evidence supported it. The conviction was reversed.

  • Vacated

    Sentence enhancement

    An enhancement rested on a prior that didn't qualify. The sentence was vacated and the case sent back for a new one.

  • Remanded

    Suppression ruling

    The trial court skipped a hearing on a disputed search. It was ordered to hold one.

Sample matters, invented for this template; the firm replaces them with its own. Every appeal turns on its own record, and a past outcome doesn't predict the next one.

Convicted, and the clock is running?

The notice of appeal in a criminal case is due quickly after sentencing. Write or call with the sentencing date; family members can reach out too.