If you have been convicted for a child pornography offense, it is important to know that all hope is not lost, and you may still be able to fight the court’s verdict by filing an appeal. There are three courts in California: the trial courts, the Court of Appeal, and the California Supreme Court. A basic criminal trial in the lower courts consists of both sides presenting their evidence and arguing their case before a judge and jury. During trials, mistakes are often made, and can involve jurors, attorneys or a judge. Even a small mistake can have a severe impact upon the outcome of a defendant’s case, and if you believe you were convicted because of errors made during trial, do not wait to discuss your situation and appeal options with a knowledgeable defense attorney.
What Is An Appeal?
To ensure that each citizen has the opportunity to receive a fair trial, the courts allow a higher court to review a case concluded in the lower courts. Unlike in your criminal court, the appellate court is not used for a new trial, and the court will not retry your case, accept new evidence, or listen to witness testimony. Rather, the Court of Appeals reviews the proceedings of the lower court and the judge’s ruling to determine whether any legal errors were made that substantially affected your rights and the outcome of your case.
You must file a Notice of Appeal within 30 to 60 days of your final trial judgment, and your attorney may need to prepare and present a number of written statements and legal documents during the filing process. If the appellate court accepts your petition, they will assess the circumstances of your trial and investigate whether your rights were violated in any way. If it is determined that a mistake occurred by allowing or excluding certain evidence a party may win an appeals case. A court may determine that the lower court failed to apply the law to the facts of the case and rule in favor of the appellant.