Law Offices of Ursula G. Barrios
Deborah Blanchard, Esq.
Leader in Criminal Appeals
“WE FIND THE DEFENDANT GUILTY"
If you have heard these words, concerning you or someone close to you, you know that few moments in life are as dramatic as the one in which a judge or jury pronounces judgment. It is a word that splits time into two new realms of before and after, of hope and finality.
Only one thing softens the terrible finality of that moment, and that is the right to appeal your conviction.
An appeal is a review by a higher court of what happened at the trial. The court you are appealing to will read the written record of what went on in the trial court. That court will also read your appellate attorney’s brief, and in that brief your attorney will point out errors that were made, and try to persuade the appellate court that those errors had the actual effect of depriving you, the defendant, of a fair trial. If the trial record supports the arguments made by your attorney, there is a possibility of having your conviction reversed. The standards on appeal are tough, but they are not insurmountable. If you believe that you were convicted as a result of a procedure that was fundamentally unfair, it is important—because your liberty is important-- to present your case to a higher court.
HOW TO BEGIN
In a felony case, you have sixty days from the date of sentencing to file your Notice of Appeal. ( In a misdemeanor case you have thirty days.) In other words, you can lose your right to appeal if you do not act promptly. If you contact our office, we will arrange to see you right away (or confer by phone if necessary due to distance) and we will file the Notice if not previously filed by your trial attorney.
Because this is a crucial matter in your life, you probably want some individual contact with the attorney you are thinking of retaining, therefore we offer you the opportunity to meet personally with the attorney who will be working on your appeal. We do not charge for an initial consultation, and will be happy to advise you concerning your best options.
HOW WE OPERATE
It might make sense for you to have an attorney review the full record of your trial in order to give you an expert opinion about whether legal error is apparent from that record. Having that opinion is a sensible interim step that can help you decide whether to go forward with the cost and effort of an appeal. At times, what seems like a serious error to a non-lawyer may be something that courts have shown a routine willingness to ignore; on the other hand, there are problems that the record might reveal to a lawyer, that are not obvious to even the defendant. As you may have already figured out from your experiences with the legal system--- what is fair, and what is the law, are not one and the same thing as applied to an individual case---- but there is an overlap. The law will concern itself with certain kinds of unfairness, and it takes an experienced appellate attorney to help you understand which issues have a greater probability of succeeding on appeal.
For this reason, we offer our services in two tiers. We review the record for a fee, that is far less than it would be if it also automatically included the writing of a brief. If the review discloses errors that justify going forward, a separate fee is charged to file an Appellant’s Opening Brief, or the equivalent. Before we ask a client to undertake the costs of an appeal, we want to give the client an informed opinion about the strength of their case. The policy described above has proven the best way to accomplish this.
ABOUT MS. BLANCHARD
Deborah Blanchard has been an attorney for 23 years, and has spent her career dedicated to the defense of individuals caught up in the dependency and criminal justice systems. Her long-standing interest in civil rights began during her law school years, where she drafted pleadings that successfully blocked the use of the battering ram and other deadly devices that were being used by the LAPD in drug raids on residences. She has also worked for prisoners' rights, and the rights of incarcerated persons to adequate medical care. Ms. Blanchard has exhibited exceptional talent as a writer in a variety of venues, academic and creative, as well as legal. She has substantial experience in appellate writing, both on her own and as a member of the California Appellate Project. In her work as an appellate attorney Ms. Blanchard combines her intellectual energy and writing skill with compassion for each individual client and dedication to presenting their best defense.
Ms. Blanchard has been recognized by her peers as an impassioned and effective advocate for her clients. Law professor Laurie Levinson (noted for her role as CBS legal analyst during the O.J. Simpson trial) described her as "insisting on defendants being viewed as individuals and insisting that a creative and energetic approach be given to their defense." In a time when the public is clamoring for harsher punishment and longer sentences, Ms. Blanchard remains part of a vocal minority fighting for a more individualized and enlightened approach to sentencing of convicted persons. She retains a vivid sense that those labeled "criminals" are as varied and diverse a group as the "non-criminal" population--- and deserve to be judged and sentenced accordingly. As your attorney, Ms. Blanchard will make certain that both the guilt phase and sentencing phase of your trial are carefully scrutinized for any and all legal errors and constitutional defects that have created fundamental unfairness at trial, or impermissibly added time to your sentence.
CONTACT MS. BLANCHARD
Ms. Blanchard can be contacted by email at dblanchardesq@yahoo.com, or by phone toll-free at 1.800.315.8592.