Grounds for Filing a California Appeal

Posted by Neil Shouse | Nov 15, 2010 | 0 Comments

Let's assume that the jury convicted you based on evidence which the judge should have excluded, since it was discovered during an illegal search and seizure. Or we can look at the fact that the prosecutor acted unethically when he told the jury to place themselves in the victim's shoes…and made an inappropriate appeal to their passions. Alternatively, we can assume you were fairly convicted, but that the judge sentenced you to an unduly harsh sentence…a much longer one than you thought you could possibly receive under the law. The bottom line is that any of these legal errors provide legitimate grounds for filing a California appeal.

There are a variety of grounds that support appealing a California conviction. The above scenarios are just a few examples of some of the most common.

The fact is that any prejudicial legal error…that is, a legal error that likely that contributed to an adverse outcome…provides a valid ground for filing a California appeal. If you believe that you or a loved one was the victim of an unjust prosecution, it is advisable that you immediately consult with a California appeals lawyer to learn more about how filing an appeal could cure that wrong. (Also refer to our article, Grounds for California misdemeanor appeals.)

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).


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