Winning a criminal appeal can change a person’s life — and result in their freedom. Read more to learn how Spolin Law PC successfully fights in appellate courts in California.
Win Your Appeal
Winning an appeal requires expert representation. Spolin Law PC fights vigorously for its clients by taking the steps below, where appropriate.
Finding Error in Trial and Hearings Before Trial: We scrupulously study the record of each of the steps that occurred in our clients’ cases, which includes a review of each word declared in the record for the hearings and trial. Our goal is to find: (1) mistakes made by your trial attorney, (2) misstatements by the prosecutor, and (3) mistakes made by the judge. Certain errors will have violated the rights of our clients, which give rise to strong arguments on appeal.
Arguing California Law and American Constitutional Law: The appellate attorneys at Spolin Law PC are aware of literally thousands of arguments that can be made on appeal. These are based on California statutes and regulations, California “jurisprudence,” and US constitutional law. See the “Arguments That May Void Convictions” section below to learn more about the arguments Spolin Law PC may be able to include in an appeal.
Describes Full or Partial Innocence of Client: An appeal is essentially a formal and legal request to a judge, who is a compassionate human being. Therefore, we describe how our client not only legally has the right to win, but also (if the facts support it) how the client is currently innocent of some or all of the charges. This presentation of our client as a decent human being can help show how our case is not simply a “technical” legal matter.
Seeks Client Bail During Appeal: Two types of legal motions can allow a client to be released during appeal. Such freedom may be with or without a bond requirement. See the “Getting Bail” section to learn more.
These steps are some of the reasons why Spolin Law PC has achieved successful results in the California Courts of Appeals and the California Supreme Court. To learn more about how we can fight and potentially win your case, call us for a free consultation at Appeals attorney California.
Deadlines for Criminal Appeals
The deadline for appealing a criminal case is extremely fast. Defendants seeking to appeal a conviction or other result should contact an appeals attorney immediately. Often times, an appeals attorney will file a “Notice of Appeal” before the deadline, and then ask for a longer period of time to review the entire case and submit the final appeal. However, if the proper notices and motions are not filed on time, the appeal could be automatically lost. This is the case even if there is a good basis for the appeal. Therefore, if you want to file an appeal, you should contact an appeals attorney right now so you don’t accidentally miss any deadlines for the case.
Getting Bail During Appeal
The attorneys at Spolin Law PC are capable of filing “bail and / or release” motions seeking reduced bail or release for a client who is appealing their conviction. California Penal Code section 1272.1 states that a court must release a convicted defendant on bail if certain criteria are met. If the court grants this motion, the client will either be released without bond or given the opportunity to post bond in exchange for release during the course of the appeal. Bail is important because appeals often take 1-2 years. If the court denies the motion for release or sets the bail too high, a similar motion can be filed in the court of appeals requesting release or a bail reduction.
Arguments That May Void Convictions
The attorneys at Spolin Law PC are aware of literally thousands of arguments that can be made on appeal. Any argument can result in the dismissal of a conviction.
The following list includes some of the most common arguments that we would expect to use in criminal appeals.