Appealing a Felony Conviction in California

Introduction: Felony Appeals by a California Criminal Appeals Lawyer

If you or someone you love was just convicted of a felony in California, the path forward can feel overwhelming. You’re not alone, and you’re not out of options. California appellate law provides targeted remedies that can overturn a conviction, reduce a sentence, or secure a new hearing. But the appellate clock moves fast, and a misstep can cost you your rights.

Call now for a confidential consultation: (888) 808-2179

California Felony Appeals—What They Are and What They’re Not

A felony appeal is a legal challenge to errors that occurred in the trial court. It is not a new trial with new witnesses. Instead, the Court of Appeal reviews the written briefs and the official court record to determine whether legal mistakes affected your rights or the outcome. If the court finds harmful error, it can reverse the conviction or sentence, or send the case back for new proceedings.

Appeals are about law, procedure, and the record—not retelling your story from scratch. That’s why appellate experience and record strategy matter.

Step-by-Step: How to Appeal a Felony Conviction in California

Appealing a felony conviction in California is a precise, multi-phase process governed by strict procedural rules and statutory deadlines. Every day counts, and every document matters. A successful appeal isn’t about rearguing the facts — it’s about identifying legal errors that deprived you of a fair trial or a lawful sentence, and presenting those issues in a way that convinces the Court of Appeal to act.

At Power Trial Lawyers, we’ve built our appellate system around speed, precision, and strategic advantage. Here’s a step-by-step guide to help you understand what happens after a felony conviction and how to take immediate, informed action.

Phase 1: Immediate Action (Days 0–10 After Sentencing)

Objective: Preserve your right to appeal.

1. Contact an appellate lawyer immediately.
   The single most important step is to get qualified appellate counsel on board right away. California law gives you only 60 calendar days from the date of judgment (typically sentencing) to file a Notice of Appeal. Missing that window usually forfeits your right to challenge the conviction — even if the case was mishandled or your rights were violated.
2. File the Notice of Appeal.
   Your appellate lawyer files this simple but critical document with the trial court. It signals to the appellate court that you intend to seek review. Once filed, jurisdiction begins to shift from the trial court to the California Court of Appeal.
3. Request a Certificate of Probable Cause (if applicable).
   If you pled guilty or no contest and now wish to challenge the validity of that plea — such as arguing it was not entered knowingly, voluntarily, or intelligently — you must also file a Certificate of Probable Cause under Penal Code §1237.5 and Rule 8.304(b). Without it, the appeal may be dismissed before it even starts.
4. Evaluate bail pending appeal.
   In select cases, a defendant may seek release while the appeal is pending. Under Penal Code §1272.1, you can request “bail on appeal” if you show the court that you pose no flight risk, no danger to the public, and that your appeal raises a substantial legal issue likely to result in reversal or a new sentence.
5. Secure the trial court record.
   Early intervention ensures your appellate team can order and preserve all necessary transcripts, exhibits, and filings before they disappear or become inaccessible.

Tip: The best time to contact an attorney for an appeal in California is immediately after conviction and/or sentencing. Even a week’s delay can limit your options.

Phase 2: Building the Appellate Record (Weeks 2–10)

Objective: Create a complete, accurate foundation for appellate review.

1. Obtain the reporter’s and clerk’s transcripts.
   • The reporter’s transcript contains a verbatim record of every word said in court — testimony, objections, rulings, arguments, and sentencing statements.
   • The clerk’s transcript includes written filings: motions, exhibits, jury instructions, verdict forms, and sentencing documents.
2. Audit for completeness.
   Experienced appellate lawyers meticulously review the record to ensure every relevant piece of evidence and every objection is preserved. If something is missing, we file a motion to augment or correct the record under Rule 8.155 of the California Rules of Court.
3. Identify appellate issues.
   We use a multi-layered process — part legal research, part investigative reconstruction — to identify potential errors such as:
   • Improper jury instructions
   • Violations of constitutional rights (search and seizure, Miranda, due process)
   • Ineffective assistance of counsel apparent on the record
   • Sentencing errors or misapplied enhancements
   • Prosecutorial or judicial misconduct
4. Develop a case roadmap.
   Before any brief is written, Power Trial Lawyers prepares a Record and Issue Memorandum — a detailed internal map aligning every potential issue with the appropriate standard of review (de novo, substantial evidence, abuse of discretion) and the relevant prejudice test (Chapman or Watson).

Phase 3: Briefing the Case (Weeks 8–22)

Objective: Persuade the Court of Appeal through precise, authoritative writing.

1. Drafting the Opening Brief.
   This is the centerpiece of the appeal — a meticulously researched and written argument explaining why your conviction or sentence should be reversed or modified. Our team crafts this narrative around compelling legal themes, supported by pinpoint citations to the record and controlling authority.
2. Respondent’s Brief.
   The Attorney General’s Office will respond, defending the conviction. They’ll argue that any errors were “harmless” or that the evidence overwhelmingly supports the verdict.
3. Reply Brief.
   This is your final written word before oral argument. We dismantle weak points in the state’s brief, reinforce prejudice analysis, and spotlight misstatements or oversimplifications.
4. Internal Peer Review.
   At Power Trial Lawyers, no brief leaves the office without undergoing an internal appellate review by a second attorney. This ensures every argument is sharp, accurate, and persuasive.

Phase 4: Oral Argument and Decision (Months 6–12)

Objective: Maximize persuasion before the appellate panel.

1. Preparing for oral argument.
   Most felony appeals in California are decided without oral argument, but when argument is granted, it can be pivotal. Our lawyers prepare through moot sessions, simulating the rapid-fire questions judges often ask.
2. Presenting your case.
   Oral argument is about clarifying key legal issues and anchoring the panel’s attention on the most compelling errors. It’s your lawyer’s chance to humanize your case and emphasize how correcting the trial court’s error advances justice.
3. Awaiting decision.
   After submission, the appellate court typically issues a written opinion. Depending on complexity, this may take weeks or months.

Phase 5: Post-Decision Strategy and Next Steps

Objective: Execute relief or continue higher review.

1. If the appeal is granted (you win):
   • Remand: The Court of Appeal sends the case back to the trial court for further action (e.g., new trial, resentencing, or dismissal of charges).
   • Resentencing: We appear in trial court to argue for the lowest possible sentence and to ensure that all mitigating factors and new laws are considered.
   • Release: In some cases, we can pursue immediate release pending new proceedings.
2. If the appeal is denied (you lose):
   • Petition for Rehearing: You have 15 days to ask the Court of Appeal to reconsider if it overlooked key issues.
   • Petition for Review: Within 10 days after the decision becomes final, we can petition the California Supreme Court to hear the case.
   • Habeas Corpus: For issues that depend on evidence outside the record — like ineffective assistance of counsel or newly discovered evidence — we may file a state or federal habeas petition.
3. Monitor the Remittitur.
   The Court of Appeal issues a remittitur (formal closure) under Rule 8.272, returning jurisdiction to the trial court. We track this carefully to ensure timely follow-up.

Why Power Trial Lawyers Leads in Felony Appeals

Power Trial Lawyers combines deep criminal defense experience with elite appellate skill. We manage every detail — from filing and record review to argument and post-decision advocacy — to maximize your chances of success.

Our appellate team includes attorneys with advanced legal-writing backgrounds, extensive oral argument experience, and deep knowledge of California’s evolving criminal laws. Whether you’re fighting a firearm enhancement, a domestic violence conviction, a sex offense, or a life sentence, our job is to uncover the legal errors that changed the outcome — and use them to turn your case around.

Possible Outcomes on Appeal in a California Felony Case

(What Can Happen After You File a Felony Appeal—and How Power Trial Lawyers Positions You for the Best Result)

Appealing a felony conviction in California doesn’t always mean “win or lose.” The reality is far more nuanced — and when handled by an experienced criminal appellate lawyer, even a partial win can dramatically change your future. The Court of Appeal has wide discretion in shaping the result, depending on what kind of error occurred, how prejudicial it was, and what remedy fits justice.

Understanding these outcomes helps you make informed decisions and set realistic expectations. At Power Trial Lawyers, we walk every client through the possible paths before the first brief is even filed — so you know exactly what success could look like.

1. Affirmance (Conviction and Sentence Upheld)

This is the outcome every appellant wants to avoid — but it’s also the one courts issue most frequently when errors are deemed “harmless.”

If the appellate court finds that the trial court committed no reversible error, or that any mistake did not affect the verdict, it will affirm the judgment.

However, even when the conviction is affirmed, Power Trial Lawyers often uses that ruling as a launchpad for other forms of relief:

• Filing a petition for review to the California Supreme Court on issues of statewide importance.
• Pursuing state or federal habeas corpus claims based on new evidence or ineffective assistance of counsel.
• Leveraging new laws (such as P.C. 1172.6) for resentencing relief even after the direct appeal.

2. Reversal of Conviction (A True Win)

This is the strongest possible outcome — the appellate court reverses the conviction outright.

A reversal means the reviewing court found a legal error so serious that it undermined the fairness of the trial or tainted the verdict. Common reasons include:

• Improper jury instructions that lowered the prosecution’s burden of proof.
• Exclusion of key defense evidence.
• Admission of unconstitutional statements or illegally obtained evidence.
• Prosecutorial misconduct that influenced the jury.
• Denial of a fair trial under the Fifth, Sixth, or Fourteenth Amendments.

When a conviction is reversed, the case is typically remanded to the trial court for one of three things:

1. A new trial,
2. Dismissal of the charges, or
3. Entry of a lesser conviction consistent with the appellate ruling.

Power Trial Lawyers immediately steps in to guide post-reversal strategy — negotiating dismissal, preparing retrial defenses, or arguing for time-served resolutions to minimize further risk.

3. Partial Reversal or Modification

One of the most common and strategically valuable outcomes is a partial reversal.

This occurs when the Court of Appeal agrees with some, but not all, of the arguments. It might:

• Reverse one or more counts while affirming others.
• Strike firearm or gang enhancements (for example, under Penal Code §12022.53 or §186.22) that were applied improperly.
• Modify the conviction to a lesser included offense (e.g., reducing first-degree robbery to second-degree robbery).
• Correct sentencing errors that unlawfully increased a prison term.

Even when the main conviction remains, partial relief can translate into years off a sentence or removal of mandatory minimums that would otherwise keep someone incarcerated for decades.

4. Remand for Resentencing (Most Underestimated Win)

A remand for resentencing is often the hidden victory in appellate law.

Here, the appellate court affirms the conviction but sends the case back to the trial court to recalculate or reconsider the sentence because of:

• A new law that changed sentencing discretion (like Senate Bill 81).
• The trial judge’s failure to consider mitigating factors such as youth, trauma, or mental health.
• Errors in applying enhancements or consecutive terms.
• Failure to award proper custody credits.

Upon remand, Power Trial Lawyers files a comprehensive mitigation memorandum and personally appears to argue for the lowest lawful sentence — often achieving immediate reductions or even time served.

5. Reversal with Directions (Specific Instructions to the Trial Court)

Sometimes, the Court of Appeal reverses or remands the case with specific directions.

This means the appellate court has already determined what must happen next, such as:

• Ordering the trial court to dismiss a count entirely.
• Instructing the lower court to strike certain enhancements.
• Mandating reconsideration of probation or diversion eligibility.
• Directing a new hearing on a legal issue (for example, a Marsden hearing or Batson/Wheeler motion).

When that occurs, Power Trial Lawyers coordinates with the trial court immediately to ensure compliance and prevent unnecessary delays.

6. Remand for a New Hearing (Focused Relief)

Rather than ordering a full retrial, the appellate court can send the case back for a limited evidentiary hearing.

Common examples include:

• Franklin hearings, allowing young defendants to make a record for future youth-offender parole consideration.
• Competency or sentencing hearings, where the record was insufficient.
• Restitution or fines hearings, to correct procedural errors.

Each of these remands provides an opportunity to reshape the outcome — to bring forward new mitigation, new psychological evaluations, or evidence of rehabilitation. Power Trial Lawyers prepares thoroughly for these limited hearings to ensure they lead to tangible results.

7. Published Opinion (Impact Beyond Your Case)

In rare instances, the Court of Appeal will publish its opinion.

A published opinion not only resolves your case but also creates binding precedent for future California courts. Published decisions typically address novel legal issues or clarify conflicting rulings — and they can shape the law for years to come.

If your case raises constitutional or statutory questions of public significance, Power Trial Lawyers may request publication to advance broader justice reform.

8. Denial with Opportunity for Higher Review

If the appeal is denied, the fight doesn’t necessarily end. You still have several post-decision options:

1. Petition for Rehearing:
   File within 15 days to ask the appellate panel to reconsider overlooked evidence or misapplied law.
2. Petition for Review to the California Supreme Court:
   Must be filed within 10 days after the Court of Appeal decision becomes final. The state’s highest court can take up cases involving issues of statewide significance or unresolved conflicts between appellate districts.
3. State or Federal Habeas Corpus:
   If issues require new evidence (like ineffective assistance, recanted testimony, or newly discovered facts), a habeas petition may be the right vehicle.
4. Post-Conviction Reform Motions:
   Even when the appellate process concludes, new California reforms often open doors to relief — such as resentencing under PC 1172.6, AB 256, or SB 81.

Power Trial Lawyers monitors these legal changes constantly and proactively reopens opportunities for our clients.

9. Alternative Remedies (When Direct Appeal Isn’t Enough)

Some issues are best addressed outside the appeal, often in parallel. Our attorneys regularly combine appellate and post-conviction remedies, including:

• Writs of Mandate or Prohibition to challenge illegal rulings during ongoing proceedings.
• Petitions for Expungement or Certificate of Rehabilitation after favorable appellate results.
• Federal Habeas Corpus under 28 U.S.C. §2254 for constitutional violations after state remedies are exhausted.

We view each appellate case as part of a larger post-conviction strategy aimed at total outcome optimization — restoring freedom, rights, and reputation.

10. Realistic Timelines and Expectations

Appeals are not overnight processes. From the date of filing to decision, most California felony appeals take 8–18 months, depending on the size of the record, court backlog, and complexity of the issues.

Here’s what you can expect:

• Within 60 days: File Notice of Appeal.
• Within 10–12 weeks: Record of appeal prepared.
• 4–6 months: Opening and Respondent’s Briefs filed.
• 6–12 months: Oral argument and decision issued.

Power Trial Lawyers keeps every client updated through our case management portal, ensuring total transparency while the appeal progresses.

How Power Trial Lawyers Maximizes Your Outcome

Winning on appeal requires more than identifying mistakes — it requires precision advocacy and strategy alignment with the appellate panel’s priorities.

Our process includes:

• Targeted issue selection based on likely judicial impact.
• Tailored prejudice analysis (arguing Chapman or Watson standards for maximum reversal potential).
• Remedy forecasting, so we argue for outcomes the court can confidently implement.
• Post-opinion follow-through to turn appellate victories into concrete relief (reduced sentence, dismissal, or release).

Each appeal handled by Power Trial Lawyers is crafted to maximize every possible outcome—from full reversal to strategic remand and post-conviction positioning.

Bail Pending Appeal in California

(Understanding Your Right to Seek Release After a Felony Conviction)

Being convicted of a felony does not always mean you must stay in custody while your appeal is pending. California law recognizes that not every conviction will stand — and that some defendants deserve the chance to remain free while the courts review their case. This process is called bail pending appeal (or release on bail after conviction), and it is governed by Penal Code §1272.1 and Rule 8.312 of the California Rules of Court.

At Power Trial Lawyers, we fight for our clients’ freedom at every stage of the appellate process. That includes strategic, expedited motions for bail pending appeal — crafted to persuade both trial and appellate judges that continued incarceration is unnecessary and unjust while the appeal moves forward.

1. What Is Bail Pending Appeal?

Bail pending appeal allows a convicted defendant to be released from custody while their appeal is being reviewed. It is not an automatic right — it is a discretionary decision made by the court based on specific legal standards.
The concept is simple: if the conviction is later reversed or modified, justice is better served when the defendant has not spent unnecessary time in prison.

However, the burden is higher after conviction than it is before trial. The court presumes that the conviction is valid unless and until reversed — which means your criminal appeals lawyer must present a compelling legal argument and a carefully prepared evidentiary showing that you meet the statutory criteria.

2. The Legal Framework: Penal Code §1272.1 and Rule 8.312

Under Penal Code §1272.1, a person convicted of a felony and sentenced to state prison may be admitted to bail by the trial court if the appeal raises a substantial legal question that, if decided in the defendant’s favor, is likely to result in:

• Reversal of the conviction,
• A new trial, or
• A sentence that does not include a state prison term.

Rule 8.312 of the California Rules of Court provides the procedural roadmap:

1. The motion must first be filed in the trial court that imposed the sentence.
2. If the trial court denies bail, a renewed application can be filed in the Court of Appeal.
3. Both the trial and appellate courts must consider the same core factors:
   • Risk of flight
   • Danger to the community
   • Merit of the appeal (existence of a substantial legal question)

3. The Power Trial Lawyers Approach to Bail Pending Appeal

Obtaining bail pending appeal requires a fast, precise, and persuasive strategy. At Power Trial Lawyers, we treat these motions like an emergency appellate case. Here’s how we build and present them for maximum impact:

A. Immediate Assessment

We begin by reviewing the trial record, sentencing transcripts, and proposed appellate issues to determine whether the case meets the legal test for a “substantial question.” This means identifying at least one strong appellate issue with a reasonable likelihood of success — for example:

• Improper admission of evidence obtained in violation of the Fourth or Fifth Amendment.
• Prosecutorial misconduct that tainted the verdict.
• Jury instruction errors that misdefined the offense or defenses.
• Sentencing mistakes under recent California reforms (AB 600, SB 81, or PC 1172.1).

B. Building a Persuasive Evidentiary Record

We prepare supporting declarations and evidence demonstrating:

• Stable residence and family support in California.
• Gainful employment or educational enrollment.
• No history of flight or nonappearance.
• Positive institutional record if already in custody.
• Character references from employers, religious or community leaders.

C. Presenting the Motion

We draft a comprehensive bail pending appeal motion with detailed legal analysis and citations to authority — including In re Brumback (1960) 53 Cal.2d 431 and People v. Chambliss (1999) 74 Cal.App.4th 773 — key precedents on appellate bail.

We also attach a proposed conditions plan, such as:

• Electronic monitoring (if required)
• Surrender of passport
• Regular reporting to probation or pretrial services
• Travel restrictions within California only

4. The Step-by-Step Process of Seeking Bail Pending Appeal

Step 1 – File in the Trial Court

The process begins where the sentence was imposed. Your appellate attorney in California must submit a written motion outlining:

• The substantial legal question raised on appeal.
• The factual basis for release.
• Evidence of good conduct and reliability.

The trial court reviews the motion and either grants or denies bail.

Step 2 – Renew in the Court of Appeal

If the trial court denies the motion, the defendant can immediately renew the request in the Court of Appeal under Rule 8.312(b). The appellate court has full authority to set, modify, or revoke bail independently.

Step 3 – Bail Conditions and Amount

If bail is granted, the court sets a bail amount and conditions. The amount should reflect both the seriousness of the conviction and the strength of the appellate issues. In some cases, Power Trial Lawyers successfully argues for own recognizance (O.R.) release pending appeal.

Step 4 – Continued Monitoring

If bail is granted, the defendant remains under court jurisdiction and must comply with all terms until the appeal is resolved. Noncompliance can result in immediate revocation and remand to custody.

5. Factors Courts Consider in Granting Bail Pending Appeal

Courts evaluate several key factors when deciding whether to grant bail after conviction:

Factor	What It Means	Power Trial Lawyers Strategy
Risk of Flight	Whether the defendant will appear for all hearings	Provide proof of deep community ties, family responsibilities, employment, or property ownership.
Danger to Public Safety	Whether the defendant poses any threat if released	Submit records showing no violent history or misconduct in custody; propose supervision plans.
Substantial Legal Issue	Whether the appeal raises a legitimate, non-frivolous issue likely to change the outcome	Identify strong constitutional or procedural errors (e.g., ineffective assistance, illegal sentencing, evidentiary violations).
Likelihood of Success on Appeal	Whether reversal or modification is reasonably probable	Present expert appellate analysis and case law comparisons demonstrating potential for relief.

6. Common Scenarios Where Bail Pending Appeal Is Granted

While not every case qualifies, bail pending appeal is often successful in cases involving:

• First-time offenders with no history of violence.
• White-collar offenses or nonviolent felonies.
• Sentencing errors or improper enhancements (e.g., firearm, gang, or great bodily injury allegations).
• Evidentiary rulings that violated due process.
• Juror misconduct or trial irregularities suggesting potential reversal.
• Changed legal landscape — for instance, when new California legislation could lead to resentencing or vacatur.

Each of these scenarios provides a persuasive foundation for a Penal Code §1272.1 motion when presented by a skilled criminal appellate lawyer.

7. Timing: Why Speed Matters

Because felony appeals can take 12–18 months (or longer), filing for bail quickly is crucial. Courts generally prefer to decide bail motions soon after sentencing or immediately after the Notice of Appeal is filed. The earlier the motion, the more likely you can remain free while your appeal is pending in the California Court of Appeal.

At Power Trial Lawyers, we can typically prepare and file a bail pending appeal motion within days of sentencing, ensuring that your right to seek release is preserved before transfer to state custody.

9. Why Bail Pending Appeal Is Strategic — Not Just Temporary Relief

Bail pending appeal offers more than just physical freedom; it offers strategic and psychological advantages that can strengthen your appellate defense:

• You remain accessible to your attorney for meetings and declarations.
• You can gather additional supporting evidence for future resentencing.
• You preserve employment and family stability.
• You demonstrate rehabilitation and responsibility, improving optics before both appellate and trial courts.

In short: freedom helps you fight better.

Key Takeaways: Bail Pending Appeal in California

• Not automatic — it must be earned through strong appellate and factual showings.
• File quickly — the process begins immediately after conviction.
• File first in trial court — then renew in the Court of Appeal if necessary.
• Prepare thoroughly — combine legal arguments with evidence of stability.
• Work with appellate specialists — Power Trial Lawyers has the experience, speed, and precision needed to maximize your chances.

Frequently Asked Questions (California Felony Appeals)

Filing a felony appeal in California can feel like navigating a maze of deadlines, jargon, and paperwork. Below are detailed, plain-English answers to the most common questions clients and their families ask after a conviction. Each answer is written to help you understand your options — and to highlight how an experienced criminal appeals lawyer can make the difference between continued incarceration and a second chance at freedom.

1. What exactly is a felony appeal in California?

A felony appeal is a formal legal process asking a higher court — the California Court of Appeal — to review your conviction or sentence for legal error. Unlike a trial, there are no witnesses, no new evidence, and no jury. The appeal focuses on legal mistakes that occurred in the lower court: improper rulings, constitutional violations, or sentencing errors that may have affected the verdict or punishment.

The appellate court examines the record of your case — including the transcripts, motions, and exhibits — and decides whether justice was served. If not, it can reverse, modify, or remand your case.

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2. How long do I have to appeal my felony conviction?

You have 60 calendar days from the date of judgment (usually sentencing) to file a Notice of Appeal. This deadline is absolute — the court cannot extend it.
Miss it, and you almost certainly lose your right to appeal.

Power Trial Lawyers files the notice immediately after conviction, often the same week as sentencing, to protect your rights from the outset.

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3. Can I appeal if I pled guilty or no contest?

Yes — but with an extra step. To challenge the legality of your plea (for example, if it was not knowing, voluntary, or intelligent), your appellate attorney must also file a Certificate of Probable Cause under Penal Code §1237.5 and Rule 8.304(b).
This certificate allows the Court of Appeal to review issues surrounding the plea itself.

Even without the certificate, you can still appeal sentencing errors, post-plea motions, or violations of your rights that occurred after the plea.

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4. What happens after the Notice of Appeal is filed?

Once the notice is filed, your appeal officially begins. The steps include:

1. Preparation of the record (transcripts, exhibits, filings).
2. Appellate briefing — written arguments from both sides.
3. Optional oral argument before a three-judge panel.
4. Written decision by the Court of Appeal.

This process can take anywhere from 8 to 18 months depending on the complexity of the record and the workload of the court.

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5. What can the Court of Appeal do after reviewing my case?

The appellate court has several options:

• Affirm the conviction (no change).
• Reverse the conviction (vacate judgment).
• Modify counts or sentencing terms.
• Remand the case for new proceedings or resentencing.
  Each outcome depends on the strength of the legal arguments raised by your criminal appellate lawyer and the evidence in the record.

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6. Can I get bail while my appeal is pending?

Possibly, yes. Under Penal Code §1272.1 and Rule 8.312, a defendant may apply for bail pending appeal if:

• The appeal raises a substantial legal question likely to lead to reversal or a reduced sentence, and
• The defendant is not a flight risk and poses no danger to the community.

Power Trial Lawyers files bail pending appeal motions aggressively — often within days of sentencing — giving clients the best possible chance of remaining free while their appeal is litigated.

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7. How long does it take for an appeal to be decided?

Timelines vary, but most felony appeals take between 8 and 18 months. The record preparation, briefing schedule, and court calendar all affect timing. Some complex cases — especially those involving multiple co-defendants or lengthy trials — can take longer.

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8. What are the chances of winning an appeal?

It depends entirely on the case. Statistically, felony reversals are uncommon, but the quality of the issues raised and the precision of the legal writing can dramatically affect outcomes.

At Power Trial Lawyers, we use advanced issue-selection analysis and internal peer review to identify the arguments most likely to succeed under each applicable standard of review — whether de novo, abuse of discretion, or substantial evidence.

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9. Can I raise new evidence or witnesses on appeal?

No. The appellate court is limited to the existing trial record. If new evidence emerges (such as recanted testimony, withheld discovery, or ineffective assistance of counsel), those issues belong in a habeas corpus petition — which our team can prepare and file in parallel with your direct appeal.

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10. What if I lose my appeal?

If the Court of Appeal denies relief, you still have powerful options:

• Petition for rehearing (within 15 days).
• Petition for review to the California Supreme Court (within 10 days after finality).
• State or federal habeas corpus (for extra-record claims).

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11. Will the appellate lawyer who handles my case talk to my family?

Yes. At Power Trial Lawyers, communication is a priority. We schedule family conferences, provide regular written updates, and ensure loved ones understand every development — because appellate advocacy is not only about the law; it’s about people, stability, and trust.

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12. What makes Power Trial Lawyers different from other appellate firms?

We blend elite legal writing with strategic sentencing and mitigation experience. Our appellate team doesn’t just brief your appeal — we manage every phase of your post-conviction relief, from bail motions to resentencing and habeas petitions.

Our goal is not just to argue the law but to change your life.

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13. How do I get started with an appeal?

Call (888) 808-2179 or fill out our confidential intake form. Our appellate attorneys will:

• Review your judgment and sentencing documents.
• Confirm all critical deadlines.
• Create a personalized appellate roadmap within 24–48 hours.

No charge for the initial consultation — and no time to lose.

Why Hiring an Experienced Criminal Appeals Lawyer Is Critical

Filing an appeal is not just about paperwork — it’s about precision, advocacy, and the ability to translate trial errors into winning legal arguments. In the world of appellate law, experience is everything.

The appellate system is governed by rigid procedural rules, complex standards of review, and strict deadlines. Missteps — even small ones — can permanently close the door on relief. That’s why hiring a dedicated, experienced criminal appellate lawyer in California is one of the most important decisions you can make after a conviction.

1. Appeals Require a Different Skill Set

Trial lawyers focus on evidence, witnesses, and persuasion in front of a jury. Appellate lawyers focus on law, record, and analysis.

An appeal lives or dies based on the written brief — the single most important document in your case. Every paragraph must be crafted to satisfy judges who read thousands of pages weekly and are trained to spot weak reasoning.

Power Trial Lawyers employs attorneys who focus exclusively on appellate writing, ensuring your case is argued with the clarity, structure, and depth that appellate judges expect.

2. Mastery of Standards of Review

The standard of review determines how the appellate court evaluates each issue.
For example:

• De novo review (fresh look at pure legal issues).
• Abuse of discretion (for sentencing or evidentiary rulings).
• Substantial evidence (for factual sufficiency).
• Harmless error review under Chapman v. California (constitutional errors) or People v. Watson (state law errors).

An experienced appellate attorney in California knows how to frame each argument within the proper standard — maximizing the chance that a reviewing court will find prejudice and grant relief.

3. Record Mastery and Reconstruction

The appellate record is your entire battlefield. If it’s incomplete or inaccurate, the appeal collapses. Power Trial Lawyers meticulously audits every transcript, exhibit, and motion, filing motions to augment or correct the record under Rule 8.155 when necessary.

We’ve rebuilt incomplete records from archived files, missing exhibits, and even digital audio when transcripts were lost — ensuring the appellate court sees every detail that matters.

Appellate advocacy doesn’t end at reversal. Many wins come through partial relief or remand for resentencing.

Even if the conviction stands, a strategic appeal can shave years — sometimes decades — off a sentence.

Power Trial Lawyers has handled appeals before all six California Court of Appeal districts and multiple federal circuits. We are deeply familiar with the local rules, preferences, and tendencies of panels in:

• Los Angeles (Second District)
• Orange County / Riverside / San Bernardino / San Diego (Fourth District)
• Ventura / Santa Barbara / San Luis Obispo (Second District, Division Six)

Local familiarity means faster filings, cleaner formatting, and strategic insight into how each division handles oral argument and remittitur.

Our appellate representation is rarely limited to the direct appeal. We also integrate:

• Bail pending appeal motions (Penal Code §1272.1 / Rule 8.312)
• Petitions for rehearing or review
• State and federal habeas corpus
• Resentencing and Franklin hearings
• Writs of mandate or prohibition

This holistic approach ensures clients don’t just get appellate advocacy — they get a complete post-conviction strategy.

If you or your loved one has been convicted of a felony in California, don’t trust your future to chance. Call Power Trial Lawyers today at (888) 808-2179 for a confidential consultation with an appellate expert.

We’ll analyze your judgment, identify the strongest appellate issues, and take immediate steps to protect your rights.