Every year, those who have been charged with crimes in California will ask the appellate court to decide if there were errors made in the decisions of their case. In some cases, this could be prejudicial error (when an error causes harm to the appellant) and in cases where there was no substantial evidence (when there is no evidence to support their decision). An appeal for a felony is not a new trial – it simply means that they will look into the facts that have already been presented to them to determine if there were indeed mistakes made.
If you have been charged with a felony and wish to appeal, you should know that you cannot file for one just because you do not like the judge’s decision. There must be merit behind your appeal and valid evidence to back it up. Appeals are extremely serious and should be handled in this fashion under any circumstance. You would still file for a California felony appeal even if the judge charged you with a felony wobbler, which is where the prosecutor files either as a misdemeanor or a felony based on the facts of the case.
Rules and Regulations for Felony Appeals
If you want to file a felony appeal, you must do so by filing a Notice of Appeal with the Court of Appeal. You have 60 days from the time of your felony judgment to do so. If you do not comply with the California timeframe, you will miss your chance. After this, you must follow certain rules and regulations including serving a notice to the opposing party, conforming to the correct color paper and size font in your written arguments, remembering deadlines, and finding out which documents must be filed.
It is important to have an attorney on your side through the tedious process of felony appeals in California. If you do not abide by California’s sometimes strict rules, you will miss your chance. Call us today for more information on how we can help you.