Orange County Criminal Appeals Lawyer
It’s no secret that courts make mistakes sometimes. If you believe you are the victim of a mistaken court case, there is a methodology to free defendants. An Appeal can correct court errors. However, this requires an attorney with the specialized knowledge and experience to work help your case.
Attorney Michael Marley of Marley Law Firm is aggressive in his stance to get you the results you need. He has had several victories, including a publicized felony acquittal for a client who was personally prosecuted by Orange County District Attorney Chief of Staff Susan Kang Schroeder for selling drugs. For a free consultation, simply fill out a form on our Contact Page or call us at (949) 726-6000.
Terms to Know
- An Appeal is a review of a lower court’s decision or ruling in a case. It can occur in a state court case or federal court case. It can be a jury’s decision, or a judge’s decision or ruling.
- A Writ is a term from the old English common law that today normally refers to an extraordinary remedy, i.e. a situation that cannot be remedied on a direct appeal. This often relates to issues concerning the suppression of evidence, or the freedom of an individual.
- Bond on Appeal is possible if the judge is willing to grant it. It allows a defendant to remain free on bail [bond] while the case is being decided on appeal and is something Michael Marley may be able to obtain.
The Process of Appeals
It begins by filing an appeal of a court or jury’s legal decision. It’s important to note, both misdemeanors and felonies can be appealed. A higher court then goes over the lower court’s decisions to see if the law was correctly applied to the case. Although no new trial is held at this point, oral arguments are heard after all written documents are filed.
The process of appeals can be lengthy, often taking 6 months to a year to be processed. However, it is worth the time devoted to it to legally prove your innocence.
If the lower courts had legal errors, they can be corrected by a Writ, a process that is used when an appeal is not allowed.
The Power of an Appeal or Writ
- Potentially obtain a new trial
- Change an unfair sentence
- Keep out illegally seized evidence
- Keep out illegally obtained statements
- Identify confidential informants
- Overturn search warrants
- Correct faulty jury instructions
- Review the selection of jurors
- Exclude illegal wiretaps
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
