Los Angeles Criminal Appeals Attorney

Were You Wrongfully Convicted? You Have Options.

If you were convicted of a crime that you did not commit, or you believe that you are the victim of a miscarriage of justice, it is important to understand that you have options. With the help of our Los Angeles appeals attorney from Stephen G. Rodriguez & Partners, you can seek to have your conviction overturned or your sentence lessened.

Contact our office today at (213) 481-6811 to discuss your case in detail. Our Los Angeles appeals lawyer is ready to put 50+ years of experience to work for you!

The Purpose of Filing a Criminal Appeal

Criminal appeals are essentially a request made to a higher court to review the decision of a lower court. In criminal cases, this is usually done if the defendant or their defense lawyer feels that a mistake affected the outcome of the trial. Mistakes can be made by attorneys, jurors and judges alike, which is why a court's ruling is not necessarily final. An appeal would give the defendant a chance to rectify any such situation.

By pursuing a criminal appeal, a convicted individual would have the chance to seek justice—even after damaging mistakes were made during the original trial. If it is discovered that an error has in fact been made, the appellate court may decide to overturn or overrule the lower court's previous decision. If the conviction is reversed, the defendant may have their sentence reduced, or a new trial may be initiated.

How Long Do I Have to File an Appeal in California?

In California, you would have 60 days from the time of your conviction to file an appeal. The process would be initiated once a notice of appeal has been filed in the court where you were convicted. After that, a copy of all criminal trial papers and testimony must be gathered and filed with the appropriate court of appeals. If you are interested in filing an appeal, it is highly recommended that you speak with a criminal defense attorney in Los Angeles as soon as possible. Time may be running out!

The Appellate Process

The criminal appeals process in Los Angeles County allows individuals convicted of a crime to challenge their conviction or sentence. This process is designed to ensure that errors made during a trial or sentencing are corrected. 

Here's a step-by-step breakdown:

1. Filing a Notice of Appeal: After a conviction, the defendant must file a notice of appeal to start the process. This must be done within 60 days for felony cases and 30 days for misdemeanors. The notice is filed with the same court where the trial occurred.
2. Preparation of the Record on Appeal: The trial court compiles official records, including transcripts and documents from the case. This record is critical for the appellate court to review what happened during the trial. It is sent to the California Court of Appeal for consideration.
3. Filing of Briefs: The appellant files a written argument (opening brief) explaining the legal errors that occurred at trial. The prosecution responds with its own brief defending the outcome, and the appellant may reply one more time. These documents form the core of the appeal.
4. Oral Argument (Optional): Either side may request a chance to present their case in front of appellate judges in a live session. The judges may ask questions to clarify issues raised in the briefs. Oral argument is optional but can be persuasive.
5. Decision by the Court of Appeal: The appellate judges review the case and issue a written decision. They may affirm the conviction, reverse it, order a new trial, or modify the sentence. The decision is typically final unless further appeal is pursued.
6. Further Appeals (Optional): If the appellant disagrees with the ruling, they can ask the Court of Appeal for a rehearing or petition the California Supreme Court to take the case. The state’s high court has discretion and accepts very few cases. If denied, the appellate decision stands.
7. Habeas Corpus (Post-Conviction Relief): If direct appeals fail, the defendant may file a petition for writ of habeas corpus. This is used to raise issues like new evidence or constitutional violations that weren't addressed during the appeal. It’s a separate legal process, but it can offer another path to relief.

Criminal Appeals FAQs

Who can file a criminal appeal in Los Angeles?

A defendant who has been convicted in a Los Angeles County court can file an appeal. In some cases, the prosecution may also appeal certain decisions, such as the suppression of evidence or a dismissed charge.

Will I be released from jail while my appeal is pending?

Not usually. In felony cases, it's rare for defendants to be released during the appeal process. However, for misdemeanors, a judge may grant bail pending appeal under certain conditions.

How long does the criminal appeals process take in Los Angeles?

The process can take several months to over a year. Factors such as the complexity of the case, the court’s schedule, and whether oral arguments are required all affect the timeline.

What are the possible outcomes of a criminal appeal?

As we mentioned earlier, the appellate court may affirm the conviction, reverse it, order a new trial, modify the sentence, or dismiss the case. A reversal typically happens only if the court finds a significant legal error.

Can I represent myself in a criminal appeal?

Yes, but it’s not recommended. Criminal appeals are complex and involve strict procedural rules. It's best to have an experienced appellate attorney represent you.

What happens if I lose my appeal?

If your appeal is denied, you may be able to file a petition for rehearing or seek review by the California Supreme Court. You may also consider filing a writ of habeas corpus if new constitutional issues arise.

How is an appeal different from a post-conviction motion?

An appeal reviews the trial record for legal errors, while post-conviction motions (like habeas corpus) can address issues outside the trial record, such as new evidence or violations of constitutional rights.

Turn to Stephen G. Rodriguez & Partners for Help

The process of filing a criminal appeal in California is complicated and very specialized. It demands appellate expertise on the part of your lawyer, which is why you shouldn't settle for anything less than the experienced legal representation that you need and deserve.

When you work with the team at Stephen G. Rodriguez & Partners, you can trust that your case will be in capable hands. Our Los Angeles criminal appeals lawyers know that criminal appeals involve extensive research and that these cases often take a year or more.

If your appeal is unsuccessful in the California Court of Appeals, you have the option to take it to the California Supreme Court; however, these cases are rarely accepted (about 125 per year). For this reason, it is advisable that you hire a Los Angeles appeals attorney who can handle your case right the first time. The team at Stephen G. Rodriguez & Partners can put 70 years of experience to work for you as soon as you give us a call.

Speak with an Appellate Lawyer in Los Angeles, CA

When you come to Stephen G. Rodriguez & Partners for help with your appeal, your case will be handled by Kenneth H. Lewis—a respected appellate attorney with more than three decades of experience. Mr. Lewis focuses exclusively on appellate law, and has successfully argued numerous cases before the California Court of Appeals and the California Supreme Court. Find out how he and the rest of the team at our firm can assist you by setting up a free initial consultation today. Your time to file is limited!

Ready to get started? Move quickly to discuss your case with our Los Angeles appeals attorney by calling (213) 481-6811. Your initial consultation is free!