Criminal Appeals in Los Angeles
Los Angeles Appellate Lawyer
Looking for a Los Angeles criminal defense lawyer? If you or someone you
know has been convicted of a crime, it is important to consult with a
Los Angeles criminal defense attorney who is experienced in appeals, writs of habeas corpus, and other post-conviction
means of getting the conviction overturned.
An appeal is a process by which a panel of judges reviews what happened
during the trial. If the appellate judges find that “legal errors”
occurred during the trial, they have the authority to reverse the conviction
based on those legal errors. These legal errors can be a number of things:
excluding important defense evidence; allowing prosecution evidence that
should have been excluded; incorrect jury instructions; juror misconduct;
improperly excluding jurors based on race or gender; prosecutorial misconduct;
constitutional violations; errors concerning the sentence; etc.
About the California Appeals Process
An appeal is vastly different from a trial. Unlike a trial where everything
happens live and in court, an appeal occurs mostly on paper. The process
begins when the attorney files what is called a “notice of appeal”
in the trial court. Once the transcripts and the rest of the record on
appeal are prepared, the appeals attorney then reviews the entire record,
looking for those legal errors that can result in the conviction getting
overturned. The attorney then files what are called “briefs”
in the appeals court. The briefs identify the legal errors and argue to
the appeals court why the conviction should be reversed.
A habeas corpus petition is like an appeal except that it usually concerns
information that was
not presented at the defendant’s trial. Two of the most common arguments
made in a habeas corpus petition are that the defendant’s conviction
should be reversed based on “ineffective assistance of counsel”
or on “newly discovered evidence.” That is, if there is helpful
information that was not discovered at the time of trial or if the defense
attorney simply failed to present it, this could be a reason for reversing
the defendant’s conviction.
Looking for a Los Angeles Criminal Defense Attorney?
At the Law Offices of Robert M. Bernstein, we handle many types of appeals,
habeas corpus petitions, and other post-conviction remedies:
Felony appeals in the California Court of Appeals and California Supreme Court
- Misdemeanor appeals in the appellate division of the superior court
- Federal appeals in the Ninth Circuit Court of Appeals
California state habeas corpus petitions in all
- Federal habeas corpus petitions (28 U.S.C. 2255 and 2254)
- Pardons and certificates of rehabilitation
- Parole hearings before the California Board of Prison Terms
Consult a Los Angeles Appeal Lawyer
The rules and procedures concerning appeals and habeas corpus petition
are very intricate and complicated. If you don’t hire an attorney
who knows this area of law, you could compromise or even lose your ability
to get your conviction overturned.
Anyone who has been convicted of a crime can tell you the impact it can
have on your life. Whether looking for a job or experiencing the daily
discrimination of how others treat you, a felony conviction can linger
long after the trial has finished or the sentence has been served.
An expungement is a legal process where your criminal conviction is wiped
clean. It may no longer appear on background checks and will allow you
to legally answer “no” to a potential employer when asked
if you have been convicted of a felony. An expungement can be done in
two ways: either by reducing a felony to a misdemeanor, or if the conviction
was already a misdemeanor then the court will withdraw your previously
entered plea of guilty and dismiss the charges. Either way, the effects
are the same.