Los Angeles Appeals Lawyer
At El Dabe Ritter Trial Lawyers, our Los Angeles criminal appeals attorneys have the unique skills and proven professional experience to help you navigate the appellate law process. You must be proactive. There are strict deadlines to initiate an appeal of a criminal conviction in California. If you have any questions or concerns about criminal appeals, we are here to help. To set up a strictly private, no-obligation consultation with a top Los Angeles writs and appeals attorney, please contact us at our Los Angeles law office today.
Understanding Appellate Law: An Appeal is Not a Retrial
As a starting point, it is crucial to know how the appeals process works. Appellate law governs the process by which cases are reviewed by higher courts. When a person is convicted of a crime in a lower court, such as a state trial court, they may have the option to appeal the conviction to a higher court, such as a state appellate court or the state supreme court. The American Bar Association (ABA) explains that an appeal is not a re-trial. It is not a new trial. The appeals process offers a chance for a defendant to challenge specific legal or procedural errors made in their case.
You Can Always Appeal a Conviction in a Criminal Case in California
It’s essential to understand that if you are convicted of a misdemeanor felony in California, you have the right to appeal the decision. A criminal conviction can have a significant impact on your life, and it’s essential to ensure that the legal process was fair and that your constitutional rights were protected throughout the trial. The appeal process is intricate and requires the skill of a qualified criminal defense attorney.
California Law: You Have a Limited to Start the Appeals Process
In California, the criminal appellate process is initiated by the filing of a legal document called a Notice of Appeal. As a general matter, you have 60 days from the date a felony conviction was entered to file a Notice of Appeal in California. What happens if you wait too long to initiate your appeal? You will likely lose out on your rights. The conviction will be finalized and there will be no direct appeal of the decision available to you.
Filing a Notice of Appeal is the first step in the process of appealing a court decision in a criminal case. However, it’s essential to understand that filing a Notice of Appeal is not the entirety of your case. The Notice of Appeal only initiates the appeals process and serves to inform the court that you intend to challenge the decision. After the Notice of Appeal is filed, the attorney will then prepare and file appellate briefs, which present the legal arguments and evidence in support of the appeal.
A Defendant May Be Able to Get Bail/Bond While an Appeal is Pending
In California, a defendant who is convicted of a crime and is awaiting an appeal may be eligible for bail or bond while the matter is still pending. Put another way, this means that the defendant may be able to temporarily leave jail while awaiting the outcome of the appeal. However, it’s important to note that bail or bond is not guaranteed during the appeals process. The court must determine that the defendant poses no significant risk of flight and does not pose a danger to the community before granting bail or bond. If you have any specific questions or concerns, our Los Angeles criminal appeals lawyer can help.
You Must Have Grounds to Appeal a Criminal Conviction (Know Your Options)
It is vital to understand that you cannot prevail in a criminal appeal simply by arguing that you disagree with the decision. As noted previously, an appeal is not a re-trial. To bring a successful criminal appeal in Los Angeles, you must raise specific grounds—clear legal reasons—to appeal. Without these grounds, the appellate court will not consider your case. Some of the most common grounds for appeal in criminal cases include:
- Misapplication of Law: If the trial court made a mistake in interpreting the law or applying it during the trial, the appellate court may overturn the conviction.
- Insufficient Evidence: If there is not enough evidence to support the conviction, the appellate court may overturn the decision.
- Jury Misconduct: If it is found that a juror (or the jury) was biased or that there was misconduct during the trial, the appellate court may overturn the conviction.
- Violation of Constitutional Rights: If it is found that the defendant’s rights were violated during the trial, such as the right to a fair trial or the right to remain silent, the appellate court may overturn the conviction.
- Ineffective Assistance of Counsel: You may be able to appeal a conviction on the grounds that your trial attorney’s counsel was so poor that your rights were fundamentally violated because you were denied a fair trial.
How Our Los Angeles Criminal Appeals Attorney Can Help
Being arrested and facing a criminal charge is stressful enough. It is all the worse if you are convicted of the offense. You may still be able to get justice through the appeals process. At El Dabe Ritter Trial Lawyers, we have the unique skills and criminal law knowledge to handle appellate law cases.
Call Our Appeals Lawyers in Los Angeles Today
At El Dabe Ritter Trial Lawyers, our Los Angeles appellate attorneys have the skills, tenacity, and experience to handle the full range of criminal appeals. If you are preparing to appeal a criminal conviction in Los Angeles County, we are here to help. Contact us today to set up a fully confidential, no-obligation case assessment. With a law office in Los Angeles, we provide criminal appellate law representation throughout Southern California.
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