Legal Question in Criminal Law in California

Lawguru.Com

My son was convicted of first degree murder which he didnt commit my question is that the transcript shows errors during his trail whats next?


Asked on 8/01/08, 4:22 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Lawguru.Com

Your son has the right to appeal his conviction, though he may have already forfeited that right if he did not file a timely notice of appeal.

Demonstrating that there were errors at trial is necessary to win an appeal but not sufficient. Most errors are minor and could not plausibly affect the outcome of a case. To win his appeal he will have to show that he would likely have obtained a more favorable result but for the errors. There are different standards of "likely"; which ones apply will depend upon the types of errors he argues were made.

Your son has the right to be represented by counsel in his appeal. If he can't afford to hire a lawyer he can seek appointment of an appellate attorney at public expense.

Feel free to contact me directly if you want to discuss this matter further.

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Answered on 8/01/08, 4:49 am


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