Appeals and Writs
Criminal Writs and Appeals
Any person who has been convicted of a crime can appeal their case, including their sentence and conditions of probation or parole. An appeal asks a high court to review certain aspects of the case for legal errors. The most common legal errors occur during jury trials and in sentencing.
What a court may consider in an appeal is very limited. In most cases a higher court can only review the record which includes trial transcripts and the court file. The defendant argues certain legal mistakes affected the jury or the judges’s decision and the case should be dismissed, re-tried or re-sentenced.
In motions for a new trial and in certain habeas cases, the court is allowed to consider evidence that is outside the record, that is evidence that was not heard by the court the first time.
Kresta Daly is an experienced criminal appeals attorney. She has argued appellate issues in both state and federal court. She has successfully appealed to the Ninth Circuit Court of Appeals and is admitted to appear before the United States Supreme Court.
Call Northern California Criminal Appeals Attorney Kresta Daly (916) 440-8600
If you or someone you know has been convicted of a crime and seeks to appeal either the conviction or the sentence, timing is critical. There are very strict deadlines for filing appeals – if those deadlines are not met an appeal may not be possible no matter how strong of a case a person has. Call Kresta Daly at (916) 440-8600 to discuss your matter today.