Criminal Appeals

Mr. Heller represents defendants on appeal from criminal convictions in the state and federal court of California. In respect to criminal appeals it is often times appropriate to have a new and experienced criminal appellate lawyer examine a trial transcript to advise clients and their families of the potential success of an appeal of guilty verdict; particularly, since on appeal the presumption of innocence no longer applies and the evidence is looked out in a light most favorable to upholding the verdict. Overturning factual findings is very difficult but questions law can be considered even without trial objection if an error of law violates a statutory and/or constitutional right(s).

It is critically important to have an experienced criminal lawyer with years of trial experience and actual appellate experience, examine a trial transcript for errors that might be a basis for overturning a conviction. Overturning a conviction on appeal is difficult and the only chance of doing so would be by finding serious errors of law that might result in a reversal.

Mr. Heller’s extensive trial experience combined with his appellate experience makes him well suited to find errors of constitutional and substantive law, errors which might invalidate a conviction. Additionally have someone who has not handled the trial is important because most lawyers are reluctant to admit their own short comings as a trial lawyer and a fresh look at a case may raise the issue of the ineffective assistance of trial counsel which might be a basis for overturning a conviction.

 

I lost my case in the trial court and I want to appeal – what are my chances?

Any answer that doesn’t include the initial response of not very good, and in fact more than 90% of criminal convictions are upheld on appeal would be a misleading answer.
The cases that do get reversed on appeal are cases in which the trial judge made an error of law that compromised and violated a substantial constitutional or statutory right of a defendant. Challenging factual findings are traditionally fruitless, particularly, since on appeal a defendant is no longer presumed innocent but rather the evidence reflected in trial transcript is looked at in a light most favorable to upholding the verdict. Experienced criminal lawyers who have tried cases and who have extensive knowledge of constitutional and criminal law can spot legal issues which negatively effected substantive rights of a convicted defendant and if the violation is substantial then a reversal may occur if the errors at trial are properly presented to an appellate court. There is no substitute for an experience and competent criminal appellate lawyer.