If you believe your right to a fair trial was not granted, you may benefit from hiring an appeals attorney with Pursuit of Justice. You must act quickly as appeals need to be initiated within a short window of time, usually 30 or 60 days depending on appeal type.
An appeal focuses primarily on the law and its correct interpretation and application. For this reason, an appeal must make a compelling case that the trial court made an error of law and that the law is on your side. An appeal generally does not allow the admission of new evidence that was not presented at trail.
CALIFORNIA APPEALS
A California state court appeal differs from a federal appeal in that the case originates in a state trial court. A California state court appeal is triggered by the service of a notice of entry of judgment. From the date of service the appellant has 60 days to file a notice of appeal.
FEDERAL APPEALS
The federal appeal process begins with the issuance of a judgment by a federal court judge. From the date of entry of the judgment you will have 30 days to file a notice of appeal.
STRATEGY FOR APPEAL
We will review your case and search for legal errors. For example, one of the most common methods of overturning a jury verdict on appeal is erroneous jury instruction. In some instances the judge provides the jury with instructions that do not accurately state the elements of the claim or the affirmative defense, or leaves out one of the essential elements. This is a classic error of law, which the court of appeal will examine.
Our attorneys will determine the right approach for your appeal strategy and guide you through the process every step of the way.
A WRIT OF HABEAS CORPUS MAY ALSO BE NECESSARY
A Petition for Writ of Habeas Corpus is based upon evidence not presented at trial. In some cases both an appeal and Habeas Corpus Petition need to be filed, such as when errors occurred at trial and should be corrected and/or when errors that should have been on the record were omitted.
Whether we file an appeal, a Petition for Habeas Corpus, or both, the final objective is the same: We want to obtain your freedom.
If you believe that errors in your trial could make a compelling case for an appeal, you should contact us immediately for assistance.
Costs to prepare an appeal can vary widely based on the particulars of your case, but our fee generally averages around $8,000-$10,000. Contact us with more information about your case.