Los Angeles Criminal Appeals Lawyer
If you have been convicted of a crime, you may be eligible to file an appeal. Appeals are usually sought when a defendant feels a mistake or error was made during the original trial. Errors or mistakes can be committed unintentionally during a trial in many different ways. Some examples of errors or mistakes that justify an appeal include:
- Evidence was brought against the defendant that should not have been
- Evidence that could have benefited the defendant’s case was unheard
- The defendant’s attorney committed legal malpractice
- The defendant’s attorney made incorrect or inappropriate arguments
- The wrong laws were applied
- The sentence was inappropriate for the charges being brought against the defendant
- The jurors were confused about their instructions or were given wrong information
California Criminal Appeals Process
Before considering an appeal, it is important that you understand the California criminal appeal process. An appeal is basically a request for a higher court to review a decision made by a lower court. The appeals process begins by filing a Notice of Appeal with the appellate court. Once the appellate court has received the records from your original trial, a briefing schedule will be sent to your attorney and the prosecution. Since you are the one seeking an appeal, your attorney must file your brief first. After your brief has been filed, the prosecution will file their brief. You then have the opportunity to file a reply brief in response. After the case has been briefed, the appellate court will schedule a date for oral arguments. If your case is being tried at the state level, then you are guaranteed the right to oral arguments. However, if your appeal is being heard in federal appeals court, the court has the discretion to grant or deny you oral argument.
After reviewing the briefs and listening to oral arguments, the judge will issue a decision over whether or not an appeal will be granted. If the appeal is denied, then the conviction will remain on your record. In some cases, you may request an appeal with the next highest court, which is the California Supreme Court. However, if your appeal is granted, then your conviction will be overturned, which could lead to reduced penalties. You could even be granted a new trial.
Contact a Los Angeles Criminal Appeals Lawyer
If you need help filing a criminal appeal, we can represent you throughout the appeal process. Filing an appeal is a complicated and complex process that can take months or even a year to resolve. When filing an appeal, you want to make sure your case is being handled by a criminal appeals attorney who has experience in this area of criminal law, and can provide you with the professional advice and guidance you need. At Goldstein Law Group, we have decades of experience in criminal defense, and have handled countless criminal appeals throughout our careers. When you retain our services, we will make sure you have a thorough understanding of the appeals process, as well as your rights under the law. Most importantly, we will do everything we can to convince the appellate court to reverse your conviction, so you can move forward with peace of mind.
For more information about our services, contact our office today. If you are interested in filing an appeal it’s important to act quickly! In California, an appeal must be filed with the courts within 60 days of the conviction.
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