Los Angeles Criminal Appeals Attorney

A Conviction Isn’t Necessarily Final. Our Appeals Attorneys Can Help.

If you were convicted of a crime you didn’t commit, or you believe errors at trial led to an unjust outcome, you still have options. At Stephen G. Rodriguez & Partners, our Los Angeles appeals attorneys can seek to have your conviction overturned or your sentence reduced.

Contact our office today at (213) 481-6811 to discuss your case in detail. Our Los Angeles appeals attorneys are ready to put 75+ years of combined experience to work for you.

What a Criminal Appeal Actually Is

A criminal appeal is a formal request to a higher court to review a lower court’s decision. Appeals aren’t about relitigating the facts. They focus on whether legal errors affected the outcome of your trial or sentencing. Simply disagreeing with the verdict isn’t enough; there must be an identifiable error that had a real impact on the result.

Errors that may support an appeal include:

• Inadmissible evidence used against the defendant
• Crucial evidence wrongfully excluded from trial
• The wrong law applied to the case
• An attorney making an inappropriate argument during trial
• Confusing or incorrect jury instructions
• A sentence that didn’t fit the crime

If an appellate court finds that a significant error occurred, it may reverse the conviction, reduce the sentence, or order a new trial.

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

Deadlines are strict, and late filings aren’t accepted. In California, you have 60 days from sentencing to file a notice of appeal for a felony, or 30 days for a misdemeanor. The notice is filed with the same court where the conviction occurred. After that, trial transcripts and court records must be compiled and transmitted to the appellate court. If you’re considering an appeal, don’t wait. The clock starts running at sentencing.

The California Criminal Appeals Process, Step by Step

Los Angeles criminal cases are reviewed by the California Court of Appeal, Second Appellate District, which issues over 5,000 appellate opinions each year. Cases from the Los Angeles Superior Court are handled by Divisions 1–5, 7, and 8, all located in Los Angeles.

Here’s how the process unfolds:

1. File the Notice of Appeal. The process begins when the defendant files a notice of appeal with the trial court: within 60 days for felonies and 30 days for misdemeanors.
2. Compile the Record on Appeal. The trial court assembles the official record, including the Clerk’s Transcript and the Reporter’s Transcript. This record is what the appellate court reviews to evaluate what happened at trial.
3. File the Briefs. The appellant files an opening brief identifying the legal errors. The prosecution responds with a respondent’s brief, and the appellant may file a reply brief. These written arguments form the core of the appeal.
4. Oral Argument (Optional). Either side may request the opportunity to argue before appellate judges. The judges may ask questions to probe issues raised in the briefs. Oral argument isn’t required, but it can be persuasive.
5. The Court of Appeal Issues Its Decision. The appellate judges issue a written opinion: affirming, reversing, or modifying the conviction or sentence, or ordering a new trial.
6. Further Review (Optional). If either party disagrees with the outcome, they may petition the Court of Appeal for rehearing or ask the California Supreme Court to take the case. The Supreme Court accepts very few petitions and has full discretion over which cases it reviews.
7. Habeas Corpus as a Separate Path. If direct appeals are exhausted, a petition for writ of habeas corpus can raise issues outside the trial record, such as newly discovered evidence or constitutional violations, that weren’t addressed during the appeal itself.

Federal Criminal Appeals in Los Angeles

When a conviction comes from a federal court rather than a California state court, the appeals process follows an entirely different set of procedural rules. Our firm represents clients in both state and federal criminal matters, and the two tracks differ significantly in timeline and structure.

Federal criminal appeals in Los Angeles are filed with the United States Court of Appeals for the Ninth Circuit, which has jurisdiction over federal cases originating in California. The notice of appeal must be filed within 14 days of the entry of judgment. That is far shorter than the 60-day window for state felony appeals. Once the record is filed, the appellant has 40 days to submit an opening brief. The government then has 30 days to respond, and the appellant has 14 days to file a reply brief.

The Ninth Circuit may schedule oral argument before a three-judge panel, where each side has limited time to address the court’s questions. If the Ninth Circuit denies the appeal, options include a petition for rehearing, a petition for rehearing en banc (heard by 11 judges rather than three), or a petition for writ of certiorari to the United States Supreme Court. Federal appeals work demands precise command of Ninth Circuit procedural rules, which are distinct from California state appellate practice. If you’re looking for an appeals lawyer in Los Angeles to handle a federal matter, contact us to discuss your options.

Criminal Appeals FAQs

Who Can File a Criminal Appeal in Los Angeles?

Any defendant 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 Custody While My Appeal Is Pending?

Not usually. In felony cases, release during a pending appeal is rare. For misdemeanors, a judge may grant bail pending appeal under certain conditions.

How Long Does a Criminal Appeal Take in Los Angeles?

The process can take anywhere from several months to over a year, depending on the complexity of the case, the court’s schedule, and whether oral argument is requested.

What Outcomes Are Possible on Appeal?

The appellate court may affirm the conviction, reverse it, order a new trial, modify the sentence, or dismiss the case. A reversal typically requires a finding of significant legal error that affected the verdict or sentence.

Can I Represent Myself in a Criminal Appeal?

Yes, but it isn’t advisable. Criminal appeals involve strict procedural rules and require a different skill set than trial practice. Having an experienced appellate attorney represent you can reduce the risk of a procedural misstep that could end your appeal.

What Happens If I Lose My Appeal?

If your appeal is denied, you may 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 have emerged that weren’t part of the original appeal.

How Is an Appeal Different From a Post-Conviction Motion?

An appeal reviews the trial record for legal errors. A post-conviction motion, such as a writ of habeas corpus, can address issues outside the trial record, including newly discovered evidence or constitutional rights violations that couldn’t have been raised on direct appeal.

Can I Appeal If I Entered a Guilty Plea?

Possibly. If you didn’t waive your right to appeal as part of your plea agreement and you believe the court erred in sentencing, an appeal may still be available. An appellate attorney can review your plea agreement and advise you on what options remain.

Why Los Angeles Clients Turn to Stephen G. Rodriguez & Partners

Criminal appeals require a skill set distinct from trial practice. Brief-writing precision, knowledge of appellate procedure, and the ability to identify reversible error in a lengthy trial record are what this work demands, and not every criminal defense attorney is equipped for it.

Kenneth H. Lewis, our dedicated appellate attorney, brings more than three decades of appellate experience to this work. He has argued numerous cases before the California Court of Appeals and the California Supreme Court, and appellate law is his exclusive focus. The California Supreme Court accepts only about 125 cases per year. That means having an appeals attorney in Los Angeles who handles the process carefully from the start isn’t just helpful. It’s critical.

The team at Stephen G. Rodriguez & Partners brings 75+ years of combined criminal law experience across state and federal matters. Stephen G. Rodriguez has more than 20 years of criminal defense experience, exclusively on the defense side, and has been featured as a legal commentator on Anderson Cooper 360, KABC Channel 7, Telemundo, Univision, and Azteca America. Mr. Rodriguez completed advanced training through the National Institute for Trial Advocacy (NITA) and the Trial Advocacy Program through the Los Angeles County Bar Association.

We handle every step of the appellate process on your behalf, including:

• Filing the notice of appeal in the court where you were convicted
• Working with the court clerk and reporter on transcript filing
• Preparing the opening brief identifying the legal basis for appeal
• Filing the reply brief in response to the prosecution’s arguments
• Arguing your case before the appellate panel

Filing deadlines are strict and time is limited. Call (213) 481-6811 or contact our office online to schedule your free consultation with a Los Angeles appeals attorney today.