After Alan Shore makes his weekly impassioned speech to the jury on Boston Legal, somewhere between the foreman's reading of the always favorable verdict and the tears and hugs of the newly freed defendant, the plaintiff's angry lawyer usually shouts, "Your Honor, We will appeal!" So what is an appeal and how does it work?
Essentially, an appeal is an opportunity to right a wrong. If someone is convicted of a crime and feels a mistake was made during the trial, he can file a criminal appeal. An appeal is a second chance to obtain justice when an error has been made during a trial. Attorneys, jurors and judges are human so unintentional mistakes do sometimes happen during a trial. An appeal can reverse a conviction, reduce a sentence or result in a new trial.
In California, a criminal appeal can be filed within 60 days of conviction. Either the convicted individual or his attorney can file the appeal. An appellate attorney is usually hired to handle a criminal appeal. Just like medicine, law has its specialists. Appellate lawyers have gained special expertise and experience in navigating the very complex appellate process. They understand the nuances of California's complicated appellate law. Crafting and arguing an appeal can take more than a year and involves extensive research and exacting written and oral arguments.
The appeals process begins with the filing of a Notice of Appeal. Copies of all papers and testimony from the original trail are filed with the California Court of Appeal, a special court that hears only appeals. The appeal process is different than the trial process. The appellant's attorney files a written brief with the court that points out the trial error, using case law to spell out why the judgment should be overturned. The prosecution files a rebuttal explaining why the judgment should stand. The appellant attorney can then respond to the prosecutor's arguments.
After studying the briefs, the Court of Appeal convenes. Three judges hear oral arguments from both sides. The court may take months to render a final written decision, called an "opinion." If the court rules against the convicted individual, the only remaining recourse is the California Supreme Court which hears only about 125 cases a year. With so much at stake, it is imperative that you hire an experienced appellate lawyer if you are considering an appeal.
