CALIFORNIA FELONY APPEALS
Filing an appeal following a felony conviction requires the help of competent counsel. The attorneys at Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law have extensive appellate experience and have filed numerous appellate briefs as well as argued cases before the courts of appeal.
The process begins with the filing of a “Notice of Appeal” which is filed in the Superior Court of the county where the conviction took place. The notice must be filed within 60 days from the date of sentencing. From there the clerk and the court reporter are required to transfer the “normal record of appeal” to the appropriate court of appeal. The appellate attorney is also given a copy of the record and then reviews the record for completeness. Applications to augment the record are not uncommon. Our attorneys then thoroughly search for any issues that may help the appellant. Extensive and exhaustive research of case law and statutes is then supplemented with legal argument in what is called an opening brief. Counsel for the attorney general’s office has a chance to file a brief in opposition. We are then afforded a last opportunity to reply to the attorney general’s opposition. At this point, the case is considered fully briefed.
After a case is fully briefed, we wait for the notice from the court of appeal. This may take anywhere from six months to two years. The court may request further briefing and legal argument or set the appeal for oral argument. At the oral argument, the panel of three judges that will decide the case may question the attorneys. Thereafter, the court will write an opinion (the decision). Depending upon the outcome of the appeal, further decisions will need to be made as to petitioning the California Supreme Court or requesting a rehearing.
Having extensive experience in the California First District Court of Appeal (San Francisco), the California Third District Appeal (Sacramento) and the California Fifth District Court of Appeal (Fresno), our attorneys are uniquely suited to help you or your loved one in pursuit of regaining freedom and overturning a bad decision. With extensive appellate and trial court experience, our attorneys are able to effectively present and identify the proper issues for a successful appeal.
CALIFORNIA MISDEMEANOR APPEALS
Misdemeanor appeals in California must be noticed within 30 from the date of sentencing. The record on appeal is not automatically transcribed and the client may need to pay for a transcript of the proceedings at trial or the motion.
Misdemeanor appeals are heard by the Appellate Division of the Superior Court in the county where the conviction took place. For example an appeal following a trial in Contra Costa County must be filed in Martinez, where the main branch of the court sits. The appeal will be heard in Contra Costa county.
Generally, the briefing schedule is the same as in felony appeals.
Because of the complexities in identifying viable issues, researching pertinent law and writing in an effective, coherent manner, it is always advisable to hire experienced appellate counsel to handle any appeal. The attorneys at Dudek Cintean have over thirty five years of combined experience handling criminal appeals and trials. This experience and knowledge is the necessary ingredient for a successful appeal.
NEW TRIAL MOTIONS
A motion for a new trial usually needs to be heard prior to any sentencing. Because appeals only deal with the record in the trial court, it may be advisable to bring a new trial motion so that the record now contains the “new evidence” or other information which may be appealed.
There are specific statutory grounds for the bringing of a new trial motion.
Because it may not be advisable to file a new trial motion (sometimes trial judges will adversely comment or supplement their rulings to the detriment of the client’s appellate issues), consulting and retaining experienced trial and appellate counsel prior to sentencing may be vital to preserving and ultimately gaining relief after conviction either through a new trial motion or appeal.
The attorneys at DBC have gained extensive trial and appellate experience making the firm ideally suited to protect your interests after conviction.
There are many different types of writs that can be taken during a criminal case and after conviction. Generally speaking, a writ is the avenue to be taken where the record on appeal does not reflect or adequately reflect the issues that a defendant may wish to raise.
Righting the wrong.
Because of the complexities of presenting any writ, it is imperative to hire experienced skilled counsel. Our team of investigators (and experts, if necessary) and attorneys have the skill, passion and experience to right the wrong. With over thirty-five years of appellate and trial experience, the defense team at DBC is ready to fight for you and your loved ones. Be advised that appeals, motions for new trial, and writs are all time sensitive legal matters. Call our office today at 415-946-4020 for a consultation.