Frequently Asked Questions

Answers to common questions about criminal appeals, habeas corpus, commutations, and post-conviction relief in California.

Can I appeal a guilty or “no contest” plea?

Generally, when you plead guilty or “no contest” to criminal charges, you waive appellate review except for issues related to the legality …

Do I have to serve a certain amount of time before being eligible for resentencing?

No. There are no requirements under AB 2942 for serving a certain amount of time before qualifying for resentencing.

Do I need to hire an attorney right away?

At Pat Ford Appeals, we know how important it is to act quickly to appeal a wrongful conviction before the strict time limit runs out or …

Does it matter if my attorney specializes in criminal appeals?

The California criminal justice system is complicated, and the process of overturning a conviction or reducing a sentence can be long and …

How can AB 2942 benefit me?

If you were convicted of a crime and sentenced to an excessive or overly punitive term of imprisonment under California’s old sentencing …

How can I apply for a commuted sentence?

There are specific requirements in place for commutation applications in California. First, you must submit a Notice of Intent to Apply for …

How can Pat Ford Appeals help me?

At Pat Ford Appeals, we have seen the devastation a criminal conviction can cause for defendants and their loved ones, especially in cases …

How can SB 1437 benefit me?

If you were convicted of felony murder under California’s old felony-murder law, you can petition to have your murder conviction vacated and …

How do I know my options for appeal?

California and federal law provide many different ways in which defendants can appeal a conviction. Our California criminal appeals lawyers …

How do I know Pat Ford is the right attorney for me?

Over the past 30-plus years, attorney Pat Ford has earned an excellent reputation as an aggressive, compassionate and committed appellate …

How do I petition for a reduced sentence under SB 1437?

Under California law, a petition for a reduced sentence pursuant to SB 1437 must be filed with your defense attorney, the court that …

How hard is it to win an appeal?

The burden of proof in an appeal lies with the defendant, which means, if you appeal a conviction, it is you who will have to prove that the …

How long does the appeals process take?

The length of time it takes for an appellate court to review a trial court’s decision in a criminal case and rule on an appeal varies, but …

How much will a criminal appeals consultation cost me?

We offer prospective clients a free consultation, which means you can have a skilled criminal appeals lawyer review your case at no cost to …

How often is an appeal successful?

The odds of getting your conviction overturned or your sentence reduced on appeal are not great. That is why you need a reputable criminal …

What are some examples of post-conviction petitions?

There are many different types of post-conviction petitions that individuals incarcerated in California can pursue, including criminal …

What are the grounds for a federal writ of habeas corpus petition?

A petition for a federal writ of habeas corpus may be appropriate if the state court’s ruling violated federal law or was based on an …

What are the grounds for a writ of habeas corpus?

If a serious legal error occurred during your trial and the error changed the outcome of your case, but the deadline for filing a criminal …

What are the grounds for an appeal?

Errors at the trial court level that may be grounds for an appeal include, but are not limited to, the following: An error on the part of …

What are the six district courts?

There are six district courts that handle appeals in California, known as appellate courts: The First District Court of Appeal is located …

What crimes qualify for resentencing under AB 2942?

AB 2942 applies to any criminal offense and any type of sentence.

What does a commutation do?

Unlike an appeal, a commutation is not intended to overturn or reverse a criminal conviction. Rather, it simply reduces or eliminates a …

What does having been a victim of intimate partner violence have to do with a commutation?

Under California law, one of the factors the Parole Board may consider when conducting an investigation for a commutation application is …

What does SB 1437 do?

Pursuant to SB 1437, which was signed into law in September 2018, a defendant can now only be guilty of felony murder if he or she is the …

What evidence does the appellate court consider in an appeal?

A criminal appeal is not a new trial. The appellate court will not consider new evidence, nor will it hear testimony from witnesses during …

What factors will the court consider for an AB 2942 petition?

When deciding whether to grant a petition for resentencing under AB 2942, the court will consider a number of post-conviction factors, …

What factors will the governor consider?

When deciding whether to approve your application and grant a commutation of your sentence, the governor will consider the following …

What happens during a resentencing hearing?

During the resentencing hearing, the prosecutor bears the burden of proving, beyond a reasonable doubt, that your sentence should not be …

What happens if my commutation is granted?

If the governor grants your commutation, the commutation will be filed with the California Secretary of State and reported to the California …

What happens if my petition is granted?

If your SB 1437 petition is granted, meaning you showed that you are eligible for a reduced sentence under the new felony-murder law, you …

What happens if the court finds a prejudicial error?

If the appellate court finds that an error occurred and that the error was prejudicial, meaning it affected the outcome of your case, the …

What if I miss the deadline for appeal?

With certain rare exceptions, late Notices of Appeal are not accepted by the court. If you miss the deadline to file an appeal in your case, …

What if my appeal is for a federal criminal conviction?

If you are pursuing an appeal based on a conviction for a federal crime, your appeal would be filed with the United States Court of Appeals …

What if my criminal appeal is unsuccessful?

If your misdemeanor or felony appeal is unsuccessful at the appellate level, meaning the appeals court affirmed the decision of the trial …

What is a commutation of a sentence?

A commutation is a form of executive clemency (leniency) granted by the governor of California. If you have been convicted of a crime in the …

What is a criminal appeal?

A criminal appeal is a request for a higher court to review a decision made by a lower court and this type of appeal is typically filed in …

What is a federal writ of habeas corpus?

Inmates serving time in California state prison or federal prison who believe that their arrest, trial or sentence violated their …

What is a felony appeal?

A felony appeal is a criminal appeal filed by a convicted defendant who was prosecuted for a felony offense, such as murder, rape, arson or …

What is a misdemeanor appeal?

A misdemeanor appeal is a criminal appeal filed by a convicted defendant who was prosecuted for a misdemeanor crime, or a crime punishable …

What is a Notice of Appeal?

A Notice of Appeal is the form you file to notify the trial court that decided your case that you are appealing the court’s decision. This …

What is a post-conviction petition?

If you are convicted of a crime in California, you may be able to petition the court for post-conviction relief. A post-conviction petition …

What is a state writ of habeas corpus?

A state writ of habeas corpus is a court order requesting that the custodian of an imprisoned individual bring the individual before the …

What is an AB 2942 petition?

Assembly Bill 2942, which went into effect in January 2019, is a bill that makes it possible for district attorneys to review past cases and …

What is an SB 1437 petition?

Senate Bill 1437 is a bill that effectively repealed California’s existing felony-murder law and narrowed the circumstances under which an …

What is Pat Ford’s specialty?

Attorney Pat Ford is an expert on all topics related to California criminal law, including criminal appeals, writs of habeas corpus, …

What is the deadline for a federal writ of habeas corpus petition?

There is a one-year statute of limitations for most federal habeas corpus petitions.

What is the deadline for an appeal?

If you are filing a misdemeanor appeal, you must do so within 30 days of the trial court’s ruling. If you are filing a felony appeal, you …

What is the purpose of a federal writ of habeas corpus petition?

The purpose of a federal writ of habeas corpus petition is to obtain a specific legal remedy from the court, usually a release from prison, …

What is the purpose of a state writ of habeas corpus?

A petition for a state writ of habeas corpus can be used to challenge a criminal conviction and/or sentence for a state crime in California, …

What should I do if I need legal advice?

If you have been convicted of a criminal offense in California, and you need legal advice, contact a knowledgeable attorney who has …

What will Pat Ford Appeals do for me?

Our criminal appeals lawyers understand that a criminal case doesn’t necessarily end with a conviction and we also know how difficult it can …

When is a criminal appeal allowed?

Under California law, you cannot appeal a criminal conviction just because you aren’t happy with the court’s ruling. However, if the trial …

When is a state writ of habeas corpus appropriate?

A state writ of habeas corpus petition is considered an “extraordinary remedy” and is typically used as a last resort among prisoners who …

Where is a Notice of Appeal filed?

You will file your Notice of Appeal in the court where your conviction occurred.

Who can file a federal writ of habeas corpus petition?

A federal writ of habeas corpus petition may be an option for inmates serving a state prison sentence for a state crime who have already …

Who has the burden of proof in a habeas corpus case?

The individual filing the petition for habeas corpus relief bears the burden of proving that federal law was violated by a “preponderance of …

Who is eligible for resentencing under SB 1437?

According to the law, a defendant may be eligible for resentencing under SB 1437 if the following is true: The defendant was convicted of …

Who qualifies for an AB 2942 petition?

Inmates who may qualify for resentencing under AB 2942 include those who have been rehabilitated during their incarceration and are ready to …

Why would I file an appeal?

You can file an appeal if you believe you were wrongfully convicted of a criminal offense or feel that justice was not properly carried out …

Will I be released on bail?

In some cases, so long as you are not considered a flight risk or a danger to the community, the judge may allow you to be released on bail …

Will the governor grant my commutation?

The governor of California has no obligation to grant your commutation, or even review your application. If he decides to act on your …