Our law firm’s Criminal defense attorneys will formulate a strong appeal of your criminal conviction or a writ of habeas corpus.
At Gupta & Trujillo, our dedicated criminal defense lawyers will assist you with your appeals and writs of habeas corpus throughout Southern California, including Orange County, Los Angeles County, Riverside County, the Inland Empire, and San Diego County. Contact our office for a free consultation.
Often, a jury may return the wrong verdict or a trial judge may make a crucial error in your case finding you guilty of a crime. At Gupta & Trujillo, we can challenge your criminal conviction through the appellate process.
Appeals
Your right to appeal a criminal conviction begins once the trial court finds you guilty of a misdemeanor and/or felony. At Gupta & Trujillo, we will effectively and properly exercise your right to appeal by filing a Notice of Appeal with the trial court that convicted you in accordance with the following timelines:
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a Notice of Appeal of a California felony conviction must be filed within 60 days of sentencing.
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a Notice of Appeal of a California misdemeanor must be filed within 30 days of the judgment.
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a Notice of Appeal of a federal conviction must be filed within 10 days of the sentencing.
NOTE: If the Notice of Appeal is not timely filed, the appellate court will most likely refuse to consider your appeal. At Gupta & Trujillo, we understand that time is of the essence and will work diligently to protect and preserve all of your appellate rights.
An appeal is a request to a higher court to overturn, reverse, or reduce the trial court’s conviction or sentence. Unlike the trial court phase, the appellate process depends heavily on your attorney's written arguments. An appeal is based on the trial court’s record, which includes the transcripts of everything that was said during the pre-trial and trial proceedings, all motions, and any other documents filed with the trial court. The appellate court will not consider any new or different evidence that was not presented at trial.
NOTE: The most crucial phase of the appellate process is the preparation of your legal brief in support of your appeal. This legal brief sets forth your legal argument to reverse or reduce your conviction or sentence. At Gupta & Trujillo we pride ourselves in our strong, legal writing abilities. We strive to create a winning legal brief that is well-researched and well-reasoned.
Writs of Habeas Corpus
Once your direct appeal process is completed, you may file a writ of habeas corpus, which collaterally challenges your conviction and sentence.
Generally, a writ of habeas corpus is a civil remedy that challenges the legality of a person’s detention or confinement. It offers collateral rather than direct review and is discretionary with the court. A defendant convicted in a California state court may petition for a writ of habeas corpus in state court and federal court. Your writ of habeas corpus must include only cognizable constitutional claims and is available to you only after you have exhausted all state appellate remedies.
Possible claims include, but are not limited to the following:
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attacking death penalty convictions and conditions of confinement;
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appealing the denial of federal or state constitutional rights;
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claiming ineffective assistance of counsel;
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challenging the length or legitimacy of a sentence; and
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bringing federal or state constitutional challenges that were unavailable to you on direct appeal.
NOTE: A writ of habeas corpus is normally one of the last avenues of relief explored in a criminal case.
Unlike the appellate process, a writ of habeas corpus is usually based on new evidence that was not presented at trial. Obtaining new evidence can be a daunting process requiring your cooperation as well as an aggressive and diligent attorney.
At Gupta &Trujillo, we are aware that this is your last opportunity to challenge your criminal conviction. We are committed to developing an aggressive legal strategy to support your writ of habeas corpus. Often times, we require the use of private investigators to interview witnesses, locate documents, as well as to collect additional evidence. Contact our office today to find out if we can develop a winning legal strategy for you.
NOTE: You must be in custody to be eligible for a writ of habeas corpus. Generally, the term custody is broadly construed to include probation, parole, bail pending appeal, or release on one’s own recognizance. |