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"I'm Going to Appeal"

8/31/2011

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"I'm going to appeal."  Those words have been uttered by thousands of criminal defendants recently convicted of a crime.  Unfortunately for most, by that time, it's too late. 

A criminal defendant's best chance of winning, or at least getting a good deal, has already passed.  Most appeals end with the conviction being affirmed (upheld).

In California, the recent reversal rate for state criminal convictions was about 4%.  That means of all the defendants who got convicted and appealed, only 4% got their case sent back to the trial court.  Defendants convicted in federal court had a slightly better chance, with about a 6% reversal rate.  That rate is closer to 7% in the Ninth Circuit, which includes California's federal courts. 

Of course, getting a case reversed doesn't mean the defendant was innocent.  Many reversals are because there was a serious problem with the way the trial was conducted, or to correct a problem with the sentence.  The defendant may not be any better off at the end of the day.
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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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