The appeals process gives the losing party in a civil or criminal case the opportunity to argue their case to a higher court. An appeal is not a new trial. Instead, it is limited to challenging whether the trial court’s legal rulings were wrong. Once the appeal is filed, the other party must file a response with the appellate court, or risk losing the victory it gained in the lower court.
In California, an appeal results in a reversal or dismissal about 10 to 15 percent of the time. The latest California statistics are available here. However, every case is unique. If the lower court made a legal error that changed the outcome of the case, the appellate court has the power to overturn convictions and judgments.
Deadline to Appeal
If you are appealing your case, William’s first concern is to preserve your appellate rights by filing a timely notice of appeal. If the deadline passes, you lose your right to an appeal. A summary of civil appellate deadlines is located here, felony deadlines are stated here, and misdemeanor deadlines are here.
Once the notice of appeal is filed, the next step is to order the court reporter’s transcript of the court proceedings. This can be a costly purchase. However, it is necessary, because an appellate court will only consider arguments that are cited to the reporter’s transcript.
The third step is William’s review of the transcript. Upon completion of his review, he will consult with you about the legal issues in your appeal, and provide recommendations on how to go forward. If your case is a civil appeal, he will also discuss settlement considerations.
Ultimately, if you are appealing your case, you must decide whether to go forward with the appeal, or abandon it. If you choose to go forward, he will draft and file all of the necessary briefs and motions, and argue your case before the appellate court.
William’s attorney fees are divided into three stages that flow with the natural progression of the appellate process.
1. Filing the notice of appeal, serving all parties, requesting the court transcript, etc.
2. Reviewing the transcript and advising you on the chances of success.
3. Drafting appellate briefs and making oral arguments.
Court Filing Fees
Court filing fees depend on the court and type of case. As a typical example, the Fourth District Court of Appeal’s fee schedule is listed here. Criminal appeals do not normally require a filing fee. However, both criminal and civil appeals require payment for the transcripts. Upon receipt of a request for the transcript, the court reporter will provide an estimate of the total cost. At that point the parties can pay for the transcript or abandon the appeal.
If you are interested in hiring an appellate attorney, please contact William.
William’s contact information:
phone: (949) 444-2870
fax: (949) 528-6070
mailing address: 18685 Main St., Suite 101-328, Huntington Beach, CA 92648