Peter Blair | March 19, 2017 | Appeals
If you are appealing a criminal case, you may have questions – questions that we will be able to answer. When you are involved in an appeal, your first step is to turn to the U.S. Courts of Appeals. Now we will answer all of your important questions that you may have been asking.
What are the chances of winning my appeal? The unfortunate fact is that, each year, many appeals go unheard. To make this easier to understand, we will share with you some statistics. In 2007, there were 58,410 new appeals filed in the U.S. However, thousands of these cases were terminated. The statistics show us that only about 96% of appeals cases were not heard. This is why it is important to speak to an attorney and have experienced help on your side.
What are some reasons for an appeal? There are many reasons why appeals are necessary. For one, what if critical evidence was not gathered properly and went against your rights? Another reason for appeal is if the judge gives the jury the wrong instructions and the jury brings back a verdict based on those instructions. Two more reasons are if you are unable to pay a verdict as a defendant, or if an appellate attorney urges you to appeal based on the circumstances of your case.
How much time do you have to appeal? If you have a limited civil case, you must serve and file your notice of appeal before the earliest of either 30 days after a judgment has been entered in your case, or 90 days after the entry of the judgment.
What is the Habeas Corpus petition process? When a habeas corpus occurs, an inmate will be ordered to be brought to court so it can be determined whether or not they were imprisoned lawfully and whether or not they should be released from custody. You always have the right to challenge illegal imprisonment or inhumane prison conditions.
What is California’s Proposition 47? Proposition 47 may be able to help you if you have received a low level theft or drug possession charge that was classified as a felony. You could have these charges reduced as a misdemeanor if you qualify.
It is very important to understand appeals before you dive into the complicated process. For this, you may need an experienced attorney on your side. Call us today at The Law Office of Peter Blair for more information.