Criminal Appeals
Criminal Appeals Attorney - Post-Conviction Lawyer (Santa Cruz)
A criminal conviction can change the course of your life-but it doesn't always have to be the final word. If you believe mistakes were made in your trial or sentencing, a criminal appeal offers a chance to challenge those errors. Our firm represents clients in Santa Cruz, Monterey County, and across California in high-stakes appeals, working to protect constitutional rights and fight for justice.
Appealing a Criminal Conviction
If you or a loved one was convicted of a crime in California, the appeals process is a critical opportunity to have the case reviewed by a higher court. Criminal appeals don't retry the facts-they focus on legal and procedural mistakes that may have affected the outcome. From DUI convictions to serious felonies, we have the experience to navigate California's appellate courts and pursue every viable path to overturn or reduce a conviction.
Grounds for Criminal Appeals
Trial Error
Wrong legal rulings, improper admission or exclusion of evidence, or denial of motions to suppress.
Ineffective Assistance of Counsel
Serious defense attorney errors that violated the right to a fair trial.
Jury Misconduct
Jurors who were biased or engaged in improper conduct during the trial.
Insufficient Evidence
Rare but possible if no reasonable jury could have found guilt beyond a reasonable doubt.
Sentencing Error
Misapplication of sentencing laws, illegal sentences, or miscalculated credits.
Our Criminal Appeal Process
We start by obtaining and reviewing the full trial transcript, analyzing every detail for legal errors. Appeals are limited to the trial record, but if ineffective counsel is an issue requiring new evidence, we may also file a habeas corpus petition alongside the appeal. With over 50 appeals handled, our appellate work combines thorough legal research with persuasive, well-structured briefs designed to meet the high standards of appellate courts.
Working with Families
Often, it's a family member who reaches out on behalf of a loved one in custody. We provide honest assessments about the likelihood of success and keep families informed at every step. We understand the emotional toll these cases take and balance compassionate communication with a realistic approach to the appellate process.
Outcome of Criminal Appeals
The appellate court can:
- Affirm the conviction or sentence (leaving it unchanged)
- Reverse the conviction, which may result in a new trial or dismissal
- Modify the sentence, often leading to a reduced term or new sentencing hearing
Even if the appeal is not successful, post-conviction options such as state or federal habeas corpus petitions may remain available. We advise clients on all possible next steps.
Criminal Appeals FAQ
How long do I have to appeal a criminal conviction?
In California state court, you have 60 days from sentencing for felony appeals-deadlines are strict, so acting quickly is critical.
Will my loved one be released if we win the appeal?
Possibly. If the conviction is reversed, they may be released on bail pending retrial, or the charges could be dismissed. It depends on the court's ruling and the prosecution's next steps.
Can you appeal a guilty plea?
In most cases, a guilty plea waives many appeal rights, but exceptions exist-for example, if the plea wasn't voluntary or there was an error in the agreed sentence. We can review the case to see if an appeal is possible.
Take the Next Step
A criminal conviction doesn't have to be the end of your story. If you believe legal errors or violations of your rights occurred, contact us to review your case and discuss your appellate options.
55 River Street, Suite 100, Santa Cruz, CA