Appeals

After going through the trial process, you may either be found innocent, in which case the charges will be dismissed and you will be free to go, or the jury may find you guilty, in which case you will normally proceed to sentencing. However, a guilty verdict is not necessarily the end of the case. If the conviction was reached in error, or the sentence was wrongfully imposed, then an appeal might be the best way to move forward.

At Gasner Criminal Law, we have represented clients throughout the appeals process, from making the initial appeal to defending them during the appeals process. We bring our expertise and experience to bear to ensure the best possible outcome. If you or a loved one are facing a conviction and you would like new representation in court, call us today at 415-782-6000 to schedule a consultation.

What Is an Appeal?

An appeal is an attempt to right a wrongful situation involving your trial. Note that an appeal is not simply an attempt to get a new trial because of a guilty verdict. It must be based on an acceptable, valid ground. Some of the grounds for appeal in a criminal case include the following:

• Improperly admitted evidence
• Lack of sufficient evidence to support a guilty verdict
• Incorrect jury instructions
• Improper jury conduct during trial or deliberations
• Ineffective counsel

Note that you do not automatically have the right to file an appeal if you pled guilty. Instead, your reason for the appeal will need to be taken before an appellate court, which will then decide whether your appeal can move forward. However, if you pled innocent and were found guilty by a judge or jury, you do have an ironclad right to appeal your case.

When Is an Appeal Filed?

An appeal must be filed after a guilty verdict is handed in by the jury or the judge. It should be filed as soon as possible. In some cases, an appeal may need to be made more than once over a period of time.

How Does the Appeal Process Work?

If you were convicted in state court, the appeal will be made to a state appellate court. If the appeal is not successful, the verdict can be appealed to the state’s highest court. In California, that is the California Supreme Court. If grounds can be made to connect the situation to a federal issue, it may be possible to appeal to a federal court.

How Can Gasner Law Help My Appeal?

Gasner Criminal Law has successfully represented many clients through each step of the appeals process. Mr. Adam Gasner has the distinction of being one of just 400 of California’s 250,000 criminal law attorneys to be accredited as a Board-Certified Specialist in Criminal Law.

Contact Us to Schedule Your Consultation

If you are seeking a new attorney to handle your appeal in the case of ineffective counsel, we invite you to contact us today. Call 415-782-6000 or use our contact page to schedule your confidential 60-minute consultation.