Bakersfield Criminal Appeals Attorney
Challenging A Conviction Or Sentence
A criminal conviction or harsh sentence in Bakersfield can leave you feeling trapped, angry, and unsure where to turn. The trial is over, but you still live with the consequences every day. California gives you only a short time to act if you want to appeal.
At Humphrey & Thompson, we focus our practice on criminal defense, including post conviction review and appeals arising from the Kern County Superior Court. We know how much is at stake when your freedom, record, and family are on the line. Our role is to help you understand what options remain and to guide you through a complex appellate process.
Our attorneys are Board Certified in Criminal Law by the State Bar of California, and our team has handled more than 5,000 criminal cases in state and federal courts. That depth of experience shapes how we review trial records, identify legal errors, and advise you on the best path forward.
To discuss a possible criminal appeal with our team, contact our firm today.
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What To Expect After Arrest -
The Attorneys You Need On Your Side
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Thousands of Successful Cases
What is a Criminal Appeal?
Contrary to popular belief, a criminal appeal is not a new trial. You do not present new witnesses, and a jury does not hear your case again. Instead, an appeal is a formal request for a higher court—in our case, the California Court of Appeals for the Fifth District—to review the record of your trial for legal errors.
The appellate court’s role is to ensure that the trial was conducted fairly and that the law was followed. They look at the "record," which includes:
- Transcripts of everything said in court
- Physical evidence admitted during the trial
- Legal motions and the judge’s rulings on them
If our Bakersfield criminal appeals lawyer can prove that a significant legal error occurred, the appellate court has the power to reverse your conviction, reduce your sentence, or order a brand-new trial.
Common Grounds for Appeal in California
You cannot appeal simply because you are unhappy with the jury’s verdict. You must identify specific "grounds"—legal justifications—that show the trial was fundamentally flawed. Common grounds for appeal in California include:
Ineffective Assistance of Counsel (IAC)
The Sixth Amendment guarantees you the right to a competent attorney. If your trial lawyer made egregious errors—such as failing to investigate a key witness or missing a critical filing—that changed the outcome of your case, your conviction may be overturned.
Judicial Error
Judges are the "umpires" of the courtroom. If a judge incorrectly allowed "bad" evidence to be used against you, excluded "good" evidence that favored your defense, or gave the jury the wrong instructions on how to apply the law, these are powerful grounds for appeal.
Prosecutorial Misconduct
Prosecutors have a duty to seek justice, not just convictions. If a prosecutor commented on your right to remain silent, withheld evidence that could have proven your innocence (a Brady violation), or made inflammatory and prejudicial remarks to the jury, the integrity of the trial is compromised.
Sentencing Errors
California’s sentencing laws are incredibly complex. Often, a defendant is sentenced to more time than the law allows due to a miscalculation of enhancements or a failure to apply recent legislative changes (like those under SB 567 or AB 1540).
The Legal Process of an Appeal
The appellate process is governed by strict procedural rules and even stricter deadlines. Missing a single date can result in your appeal being dismissed permanently.
- Notice of Appeal: In California, you must file a Notice of Appeal within 60 days of your sentencing for a felony (or 30 days for a misdemeanor). This is the most critical deadline in the process.
- The Record on Appeal: The court reporter and clerk prepare a transcript of the trial. Your lawyer must review thousands of pages to find the "hidden" errors that occurred.
- Opening Brief: This is the heart of your appeal. Our Bakersfield criminal appeals attorney writes a comprehensive legal argument explaining exactly what went wrong and why it matters.
- Respondent’s Brief: The Attorney General’s office will file a response arguing that the trial was fair and the conviction should stand.
- Oral Argument: In some cases, your attorney will appear before a panel of three justices to argue your case in person and answer their questions.
- The Decision: The court will issue a written opinion. They can affirm (keep the conviction), reverse (overturn the conviction), or remand (send it back to the trial court for specific corrections).
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Jury Trial Acquittals
Molestation and Sexual Abuse of Minors
Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
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Case Dismissal
Sexual Abuse
Allegation of Continuous Sexual Abuse Dismissed Before Trial. -
Case Dismissal
Felony Sex Case
Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely. -
Case Dismissal
Rape
Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial. -
Case Dismissal
Sexual Battery
Local business owner charged with sexual battery, dismissed. -
Avoid Sex Offender Registration
Sex Offense
Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register
Criminal Appeal FAQs
Can I present new evidence on appeal?
Generally, no. An appeal is limited to what happened during the trial. However, if you have new evidence of innocence (like DNA or a witness confession), your lawyer may file a Petition for Writ of Habeas Corpus alongside your appeal.
Will I be out of jail while my appeal is pending?
It is possible but difficult. Your attorney can file a motion for "Bail Pending Appeal," though the court will only grant it if you are not a flight risk and your appeal raises a "substantial legal question."
How long does the appeal process take?
In California, a felony appeal typically takes 12 to 18 months from the filing of the Notice of Appeal to the final decision.
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True Trial Attorneys
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Responsive & Prompt Communication
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Impressive Track Record in State, & Federal Courts
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Client-Service Focused
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Certified Criminal Law Specialists
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- Former Client
Jared and his staff, not exaggerating were on top of it all. If I called to talk to the girls in the front they handled everything right away, Jared reputation for being THE BEST matched him perfect. We had issues with the anger management classes and the staff really cared and helped us. Jared helped my son who was facing some serious charges but he genuinely cared about the whole truth and we got blessed tremendously! we are forever grateful and truly couldnt have imagined the outcome had we NOT hired him! Loved them thank you so much sincerely!
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- Jenna B.
My husband hired Jared Thompson to defend him against bogus charges. Their price was affordable and well worth the work they put in. Even though the DA's office was not helpful and kept delaying the case over and over, Mr. Thompson and his team never gave up. It was finally dismissed and we couldn't be more happy with the outcome.
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- Randy K.
Due to the distance away from the Bakersfield area I was able to deal with the firm by phone and email. Phone service was very timely and they made me feel comfortable. If needed, I would use their services again and recommend this law office.
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- Rob B.
He was straight forward, informative, and very easy to work with from inception to completion. I strongly suggest reaching out to Mr Thompson should you need the services offered by his office!
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- Tina H.
My son was wrongfully accused and charged with assault. I hired Mr. Humphrey to represent him because I heard he was the best and as my son is 19 years old, I did not want this bogus charge going on his record. Mr. Humphrey did an excellent job of representing my son from day one. I am happy to say that the charges were dropped and the case was dismissed. I HIGHLY recommend Kyle J. Humphrey.
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- Aimee G.
The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!
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Needed a lawyer for our juvenile son for a felony assault case. Public defender was not very helpful and told us that at best our son would be on a very intensive probation for years if not sentenced to a camp. Rob Singh took our case and basically got everything resolved outside of court with the prosecutor within 2 weeks. Alleviated a lot of stress and anxiety by getting our son on a very minimal probation for 6 months and then records completely sealed. Highly recommended and would definitely hire this firm again.- Erik S.
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- Joe S.
His experience and knowing what to do helped and he has wisdom in sharing and saying the right thing to calm you in whatever you are going through. At times I was talked to as if I knew the law but when questioned what he was talking about he would take the time to explain. He is a very busy man so it seemed like he was hurried but would come back to explain. Happy with the outcome and glad that we were able to find a great attorney.
Why Our Firm For Your Appeal
When you look for an appeals attorney in Bakersfield after a difficult trial, you need more than general criminal law knowledge. Appeals require close attention to the trial record, a strong understanding of procedure, and careful written advocacy. Our Board Certification in Criminal Law reflects advanced training in exactly these areas.
Board Certification is granted by the State Bar of California to attorneys who meet higher standards in criminal practice. It involves substantial trial experience, additional testing, and ongoing education. For appellate clients, this matters because we are trained to spot issues that others may overlook and to explain those issues in a way appellate judges can evaluate.
Our attorneys, including lawyers like Mr. Humphrey and Mr. Thompson, have spent decades in courtrooms across Kern County and throughout California. We have managed thousands of felony and misdemeanor cases, including serious matters that later produced appealable issues. This history gives us a realistic sense of what an appellate court may find persuasive and what is unlikely to succeed.
Because we operate as a boutique criminal defense firm, you are not handed off to a rotating cast of lawyers. You work directly with seasoned counsel who know your file, who understand the procedural posture, and who speak with you and your family about strategy. Our goal is to combine high-level criminal law knowledge with the personal attention you expect when so much is on the line.
We encourage you to contact us quickly so we can check the applicable rules and protect your right to seek an appeal.
