What Can I Do If My Son Was Wrongfully Convicted Of A Crime And He Was Sentenced To Prison?

If your son has already been sentenced, then he has only sixty days in which to file a notice of appeal. This will preserve his right to appeal his conviction and sentence. You should retain an experienced appellate lawyer at Wallin and Klarich to help you.

When a person has been convicted of a felony and files a notice of appeal the trial court then must prepare a complete trial transcript of everything that happened at the trial. The court clerk must also prepare the “clerks transcript” which is every document that was filed in the case. When all of these documents are ready they are sent to the office of your sons appellate lawyer.

The appellate lawyer then begins a complete review of every page within the court documents in an attempt to identify legal issues that can be raised in the appeal to persuade the appeals court to reverse the conviction and grant your son a new trial.

During the appeal our law firm will file an extensive opening brief with the court of appeals stating all of the legal reasons we believe the conviction should be reversed. After this happens, the Attorney General (that represents the State of California) will file a reply brief telling the court why they believe the conviction should not be reversed and the sentence should stand. Then the appellate lawyer representing your son has one additional chance to file a reply brief which answers the things that were said in the Attorney General’s brief.

When all of the legal documents have been filed by both lawyers the appeals court will set the case down for “oral argument”. This is the time when both lawyers appear before the court to make their final remarks and to also answer questions the justices may have about the case.

Then the case is “submitted”. This means that now the court of appeals will review all the briefs and consider the oral arguments made by counsel and they will issue their written opinion which will either be to uphold the jury verdict and sentence or reverse the conviction.

The entire appellate process can take more than a year from the date the notice of appeal is filed until the matter is decided by the court of appeals.

Of course it is critical that you retain an experienced criminal appellate lawyer to represent your son for his appeal. Wallin & Klarich appellate lawyers have been defending clients for over 40 years. With offices in Los Angeles, Riverside, Ventura, San Bernardino and Orange County we can better assist you in your time of need. Call us now at 888-749-0034. We will be there when you call.