Criminal Appeals

Criminal Appeals

After a Conviction Many people are shocked and baffled after a conviction. Often the conviction was not the result they and their
family members expected from the court or jury. They wonder, “What went wrong?”

They also wonder whether taking an appeal with a private find a job near me attorney could do anything med advice to работа в москве change the outcome. At the Law Offices of Luke
Garcia, we are dedicated to changing outcomes.


We leave no stone unturned in unlocking whatever went wrong in your case. That inquiry begins with you. You know the truth of your
case better than anyone. Too many Law Firms fail to listen to their own clients. You do not need to be a lawyer to know legal error and
prejudice when you are sitting in court and see it and hear it happening to you. Our first goal is to listen to our client. Cases are
sometimes won on appeal when the truth comes out for the first time.

Reading the Record with an Eye For Legal Error

We study the record on your case again and again. The record consists of the transcript in writing of every word that was spoken during the proceeding. That
is called “The Reporter’s Transcript”. The record also consists of every written paper, document, or memorandum that was a part of the
proceeding. That is called “The Clerk’s Transcript”. Legal Error is often found in either transcript or by a comparison of an item from
one transcript and how it was used in error or misstated in the oral proceedings. The record is the key to your case and often the element
of proving Legal error.

The Core of Your Appeal

Over the last 200 years, great appeal Lawyers have been masters of proof of legal points based on fact and law through credible and
persuasive legal writing. Their appeals have been granted because Judges believed in the truth of their points due to the support present
in their briefs and ruled in the favor of their clients. The history of American Justice is filled with volumes of appeals which won.
Luke Garcia, a graduate of King Hall of the University of California School of Law, one of the highest ranking law schools in the United
States, meet or often exceeds these standards. This endeavor is his life. Luke Garcia and his firm have enjoyed a history of successful

In evaluating your own chances of appeal, ask yourself, in your own honest view and the views of your family:

  • Did I really receive a fair trial?
  • Was an overly aggressive law enforcement officer permitted to give testimony including opinion, innuendos and false impressions about you which prejudiced a jury against you regardless of the facts of your case?
  • Was your jury selected without fair racial balance among jurors?
  • did the jury conduct unscientific persona experiments With items in evidence?
  • Should my trial have been severed from a co-defendant?
  • Were witnesses for me not allowed to testify?
  • Did my attorney fail to investigate the evidence properly?
  • Did my attorney fail to call witnesses favorable to me to testify?
  • Did the Judge make improper rulings limiting my defense or excluding evidence the jury should have heard?
  • Did the judge allow testimony or evidence that was more prejudicial than probative into my trial, causing an improper verdict?
  • Did the prosecutor fail to disclose evidence to my attorney?
  • Did the prosecutor engage in false and misleading argument or argument not supported by the evidence?
  • Did my trial attorney fail to fil a presentencing memorandum arguing my case to the court in writing before sentence was imposed?
  • Did the court impose an incorrect and unlawful sentence?
  • Or, were you “talked into” a plea bargain by your attorney only to have it turn into an unfair and unexpected sentence?

If the facts are in favor of you then plea bargains may be set aside on appeal

If you accepted a plea bargain, was it knowing, intelligent, and voluntary? Did your trial attorney clearly explained you and your family member about each & every potential outcome of your acceptance of the proposed plea bargain?


Should you file an appeal on a misdemeanor conviction?

Has anyone told you the moment you file an appeal on a misdemeanor conviction, there is no going to jail until and unless your appeal is decided against you?

Was a third strike unlawfully imposed on your conviction?
A man convicted of two petty crimes, one a burglary in a backyard and the other stealing a car from the backyard next door on the same day at the same time was sentenced to life in prison by counting the two crimes as separate strikes. When his case reached the California Supreme Court, his life sentence was struck down because his appeal successfully won the criminal conduct in the two yards was one strike, not two. But for the appeal, the client would have died in prison

These are some of the issues which can be brought before a higher court on your appeal.

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