According to data from the Public Policy Institute of California (PPIC), nearly 1.1 million people are arrested in the state each year. Of course, an arrest is not the same as a conviction. Every person is presumed innocent until proven guilty beyond a reasonable doubt. Even a guilty verdict is not the end of the road. Courts make mistakes. Every defendant has the right to appeal.
This raises an important question: Can you appeal the same criminal conviction more than once in California? The answer is often yes—though how many times to appeal a verdict depends on many different factors. In this article, our California criminal appeals attorney explains what you need to know about your right to appeal the same criminal case multiple times.
You Always Have a Right to File a Direct Appeal of a Criminal Conviction California
To start, it is important to emphasize that you always have the right to appeal a criminal conviction in California. Though, there is a limited amount of time to do so. The deadline to appeal a criminal conviction in California is generally 30 days in misdemeanor cases and 60 days in some felony cases.
Your first appeal in a criminal case is called a direct appeal. To bring a successful direct appeal of a misdemeanor or felony criminal conviction in California, you must raise valid grounds to challenge the decision, such as raising a serious procedural error or misapplication of the law.
You Can Challenge an Adverse Decision By an Appellate Court (No Guarantee of Hearing)
The Georgetown Law Library explains that the court system in California has three levels. Criminal cases are heard in Superior Court. An appeal of a conviction goes to a California Court of Appeal. An adverse decision by an appellate court can be appealed a second time. The second appeal goes to the Supreme Court of California. However, it is important to understand that, unlike the California Court of Appeal, the California Supreme Court is not required to hear every case. It can decline to review an appeal.
Post-Conviction Relief: California Penal Code 1181
In some limited circumstances, a person convicted of a crime in California may have an option for post-conviction relief. Under California law (California Penal Code § 1181), a convicted person can submit a Motion for a New Trial if they have valid grounds to do so. This technically occurs outside of the appellate law process.
Call Our California Criminal Appeals Attorneys Today
At The Appellate Law Firm, our California appellate lawyers have the professional skills and legal expertise to handle the full range of criminal appeals. If you need to learn more about appealing a criminal conviction multiple times, we can help. Contact our law firm today for a confidential case evaluation. With a law office in Los Angeles, we handle criminal appeals all around California, including in San Diego, San Francisco, Oakland, Long Beach, San Jose, Fresno, and Sacramento.