In this video, both Senior Partners of Wallin & Klarich come together to discuss how to appeal a criminal conviction. Paul Wallin and Stephen Klarich have over 40 years of experience crafting appeals for people all over Southern California.


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Transcript:
Paul J. Wallin: [00:09:11] So in terms of Steve, your current role at Wallin & Klarich, one of the things that you are in charge of here is criminal appeals. Could you, first of all, explain if someone's convicted why it's important to look into possibly appealing?

Stephen D. Klarich: [00:09:28] Ok. If you're convicted of a crime, and let's stay for this purpose, this conversation, it's a felony. If you're convicted at a jury trial, for example, you're very likely going to serve time in county jail or go to state prison if it went to trial. You have 60 days from the day the judge actually sentences you to file that one piece of paper notice of appeal. Now the difference between an appeal, you're appealing a decision that was made by the judge. You're appealing a decision that would some ruling the judge may have made at trial, but you could only appeal things that are on the record. And many times they have clients saying, I want to appeal. The lawyer did a terrible job. Well, that may not be appealable unless it's on the record. So if it's on the record, the judge made statements, the lawyer made statements. That's appealable because you can read, see and feel it. But if it's outside evidence, client tells me, Well, my lawyer didn't call for witnesses, an expert and this person in that person, and had he called them, the jury would have reached a different verdict. That's not an appeal. That's a writ of habeas corpus. And in our firm, we handle both. The writ doesn't have as many time restraints. An appeal does. Any time you or a loved one are convicted, that judge imposes a sentence, 60 days to file the notice of appeal. The appeal itself can take anywhere between six months and two years.

Paul J. Wallin: [00:11:00] So if someone is convicted after a jury trial, they only have 60 days to appeal, right?

Stephen D. Klarich: [00:11:07] And if their intent to appeal.

Paul J. Wallin: [00:11:10] And if they don't? They're sol, that's it?

Stephen D. Klarich: [00:11:13] Probably they are.