Criminal Appeals Lawyer California

After a person has been convicted of a crime in California, his or her last hope is to have the decision reviewed in a higher court through the appeals process.

Often, the individual has been sentenced to many years in prison.  It is therefore critical that the California appeals lawyer handling this all-important portion of the process has the experience and necessary legal acumen to successfully appeal the case, and if necessary, file a Petition for Writ of Habeas Corpus.

A good California appeals lawyer can mean the difference between life in prison and a new trial, or even freedom.

Contact Ken Rosenfeld – Federal Appeals Lawyer

Criminal Appeals California

An individual who has been convicted of a crime in California may appeal his or her case, and it is highly recommended that they retain an experienced appeals attorney as soon as possible.

The appeals lawyer will ask a higher court to review certain aspects of the case for legal error, as to either the conviction itself or the sentence imposed.

The first step in addressing legal errors made during trial or sentencing, (adjudication or disposition in the case of a minor) is the filing of a "direct appeal."

A Sacramento Defense Lawyer at the Rosenfeld Law Firm can ensure that your direct appeal is properly filed. ensure that your direct appeal is properly filed.

If the case was prosecuted as a misdemeanor, your Sacramento appeals lawyer will take the appeal to the Superior Court Appellate Division. If, however, the matter was a felony, we would act as your federal appeals lawyer representing you in the Court of Appeal.

In Sacramento, and surrounding counties like El Dorado, Placer, Yolo, Solano, San Francisco and Santa Clara, the Court of Appeal, Third Appellate District decides the appeal.

If the Court of Appeal denies the appeal, then your appeals lawyer will take the matter to the California Supreme Court in a Petition for Review.

If the matter was a federal case, the Ninth Circuit Court of Appeals decides the appeal.

In a direct appeal, your appeals lawyer will argue that, based on key legal mistakes which affected the jury's decision and/or the sentence imposed, the case should be dismissed or that you, as the appellant, should be re-tried or re-sentenced.

In considering an appeal, the court reviewing the appeals case looks only at the "record" of the proceedings in the lower court, and does not consider any new evidence. The record is made up of the "Reporter's Transcript" of everything said at pretrial and trial proceedings, whether by the judge, the attorneys, or witnesses.

The appeals court also looks at the "Clerk's Transcript" which contains jury instructions, motions filed by the attorneys, the abstract of judgment, the jury's verdict forms, and any other pertinent documents.  Anything else admitted into evidence, such as documents or objects, also becomes part of the record.

In reaching a decision on the appeal, the appellate court looks to this record and to the written "briefs" filed by attorneys for both sides of the appeal case in which both sides argue their position on the questions raised in the appellant's opening brief.

Their positions must be supported by California case law.

Ken Rosenfeld – Federal Appeals Lawyer

The appeals lawyer at The Rosenfeld Law Firm has extensive appellate experience and expertise, in both state and federal courts.

In addition to the California Courts of Appeals and the California Supreme Court, federal appeals lawyer Ken Rosenfeld has been admitted to practice in the Eastern District of California, the Ninth Circuit Court of Appeals, and the United States Supreme Court, where he has filed Petitions for a Writ of Certiorari on behalf of state inmates who have exhausted their appeals in state courts.

Additionally, Mr. Rosenfeld is experienced in the handling of state and federal Petitions for Writ of Habeas Corpus on behalf of state inmates.

The Rosenfeld Law Firm has also successfully filed Petitions for a Writ of Habeas Corpus on behalf of state prisoners who are challenging their conviction and/or sentence through the California appeals process based upon:

• Changes in the law
• Juror misconduct at trial
• Ineffective assistance of trial counsel
• And other claims which were outside the scope of their direct appeal

Contact Rosenfeld’s Federal Appeals Lawyer

The Rosenfeld Law Firm is based in Sacramento and as a California federal appeals lawyer, Mr. Rosenfeld has extensive experience dealing with appeals cases in the State of California and the United States Supreme Court.

Other areas of practice handled by The Rosenfeld Law Firm include prison law, mental health law, juvenile defense, DUI defense, criminal defense and federal criminal defense.