How to Overturn a Felony Conviction

Last Modified: October 3, 2024
How to overturn a felony conviction

Overturning a felony conviction is a complex legal challenge. It requires a deep familiarity with the law and a strategic approach. If you or a loved one is seeking to overturn a felony conviction, knowing the available options and the process involved is crucial.

At Perlman & Cohen Los Angeles Criminal Lawyers, we specialize in this area. We offer the aggressive representation needed to challenge wrongful convictions. Our experienced criminal defense attorneys are dedicated to exploring ways to overturn your conviction and restore your rights.

Understanding what it means to overturn a felony conviction is the first step in seeking justice. A criminal conviction can change your life forever, but various legal avenues, such as criminal appeals, may offer a way to challenge the conviction.

Our trial and appeals lawyer can look for illegally obtained evidence and file a direct appeal when warranted. Learn more about overturning a conviction below. Then, contact our criminal defense attorney to schedule a free consultation.

What Does it Mean To Overturn a Felony Conviction?

To overturn a felony conviction means dismissing it by the courts and clearing the convicted or accused's record. This action recognizes that a glaring legal or procedural error occurred during the original trial and must have affected the trial's outcome.

Overturning a conviction can result from various factors, including new evidence, errors in the trial process, or legal misinterpretations.

When a felony conviction is overturned, the defendant may be released from all penalties and restrictions related to the conviction. This can include release from prison, termination of probation, and the removal of the conviction from criminal records.

Achieving this can be long and requires navigating complex legal challenges, so having an expert appeals attorney from Perlman & Cohen is critical. We can help you appeal felony convictions ranging from assault to theft crimes. Let us see if we can get your felony conviction overturned.

Options for Overturning a Felony Conviction

Options for overturning a felony conviction

Several legal options are available for those looking to overturn a felony conviction. Each option requires a thorough awareness of criminal law and precise execution of legal strategies. From filing an appeal to seeking a new trial based on new evidence, the paths to overturn a conviction vary greatly in their approach and likelihood of success.

Our team at Perlman & Cohen is skilled in evaluating which option offers the best chance of overturning your conviction based on the specifics of your case.

Filing an Appeal Based on Legal Errors

Filing an appeal is a common method for challenging a felony conviction. This involves arguing that legal errors during the original trial adversely affected the final judgment or outcome.

An appeal is not a new trial but a request for a higher court to review the trial court's decision for legal mistakes. Our attorneys are experienced in identifying appealable issues and presenting compelling arguments to the appeals court.

Motion for a New Trial Based on New Evidence

A motion for a new trial can be filed if new evidence emerges that could considerably affect the criminal case and outcome. This evidence must have been unavailable during the original trial and capable of establishing probable innocence.

Our attorneys work diligently to uncover and present such evidence, advocating for a new trial where the new facts can be considered.

Post-Conviction Relief and Habeas Corpus Petitions

Post-conviction relief (PCR) is a legal procedure that lets defendants challenge their conviction. You need to have specific grounds for your appeal, such as constitutional violations.

A habeas corpus petition can also be filed to argue the highest court that the detainment is not lawful. This typically happens after direct appeals have been exhausted. We have a strong track record of successfully managing PCR cases and habeas corpus petitions. We help our clients achieve justice.

Grounds for Appealing a Felony Conviction

Several grounds can be cited when appealing a felony conviction. Each requires specific legal expertise. Common grounds for appealing a felony conviction include ineffective assistance of counsel, prosecutorial misconduct, and errors in jury instructions or judicial decisions.

Our legal team assesses each case to determine the most viable grounds for appeal. We use our thorough knowledge of legal precedents, appellate courts, and statutes.

Ineffective Assistance of Counsel

If the original defense attorney failed or counsel failed to provide a competent defense, this might be grounds for an appeal. Failures include not challenging weak evidence, failing to call critical witnesses, or not objecting to prosecutorial errors.

Our attorneys are prepared to argue that ineffective counsel was a decisive factor in the original conviction.

Prosecutorial Misconduct

Prosecutorial misconduct occurs when the prosecutor acts improperly or outside the law. Some prosecutors ignore the law to secure a conviction. This can include presenting false evidence, hiding exculpatory evidence, or making improper arguments to the jury.

We are vigilant in identifying and challenging any such misconduct that could have influenced the outcome of your trial.

Improper Jury Instructions or Judicial Errors

Sometimes, errors made by the judge in directing the jury or managing the trial process can be the basis for an appeal.

If jury instructions were confusing or incorrect, or if judicial rulings on evidence or procedure were flawed, these could be valid reasons to challenge a conviction or sentence. Our team reviews trial transcripts to identify any errors that could warrant an appeal.

New Evidence That Could Exonerate the Defendant

The emergence of new evidence that could prove the defendant's innocence is a powerful reason to reopen a case in appeal court. This could include new forensic techniques, previously unavailable witnesses, or evidence undermining the credibility of the prosecution's case. Perlman & Cohen identifies and leverages new evidence to support our clients' appeals.

The Appeal Process for a Felony Conviction

The appeal process for a felony conviction
  1. File a Notice of Appeal. This must be done within a tight deadline, usually within 30 days of the conviction. Perlman & Cohen ensures all paperwork is filed correctly and in a timely manner.
  2. Obtain the trial record. We gather all transcripts and records from the trial court to use in the appeal.
  3. Submit briefs to the appellate court. Our lawyers craft detailed arguments outlining why the conviction should be overturned based on legal errors or new evidence.
  4. Oral arguments. We may be called to present our case orally before the appeals court judges.
  5. The court reviews the case. The appellate court reviews all submitted materials to decide whether legal mistakes were made that greatly influenced the trial's outcome.
  6. Decision issued. The appeals court will either uphold the conviction, overturn it, or remand the case back to the trial court for further proceedings.
  7. Further appeals. If the appeal is unsuccessful, further appeals to higher courts, including the state supreme court or the United States Supreme Court, may be possible.

Challenges We Face in Overturning a Felony Conviction

  • Proving significant error. We must demonstrate that errors during the trial were not just minor but significantly affected the outcome.
  • Navigating complex legal standards. The appeals process involves complex legal principles that require expert navigation.
  • Overcoming strong opposition. Prosecutors vigorously defend original convictions, often employing extensive resources to argue against appeals.
  • Gathering comprehensive evidence. Compiling a comprehensive record from the trial and finding new evidence is resource-intensive.
  • Time constraints and deadlines. Meeting strict deadlines and managing a timely appeal process requires meticulous planning and execution.

You Need the Strongest Felony Defense Possible

When overturning a felony conviction, the quality of your defense can make all the difference. Perlman & Cohen offers aggressive, strategic legal representation tailored to your case. Our lawyers have the knowledge, experience, and dedication to overturn your conviction.

We recognize the effects a felony conviction can have on your life, and we are committed to restoring your freedom and clearing your name. Our team ensures that your appeal is as strong as possible. We leverage every piece of evidence and legal argument to your advantage. Trust us to provide the robust defense you need during your sentencing hearing at this challenging time.

Call Our Los Angeles Felony Lawyer for a Free Case Consultation

Call our Los Angeles felony lawyer for a free case consultation

If you or a loved one is looking to overturn a felony conviction, don't wait. Perlman & Cohen is ready to explore your legal options. Our experienced Los Angeles felony lawyers will review your case, explain your options, and outline a clear path forward.

Don't face this fight alone. Let our skilled team of attorneys help you work towards overturning your conviction. Call us today to schedule a free case review.

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