Appeals Attorney in Los Angeles
Seeking Justice Beyond the Verdict
If you or someone you love has been convicted or given a harsh sentence in Los Angeles, you may be wondering if anything can still be done. An appeals attorney reviews what happened in court and challenges legal or procedural errors that may have affected the outcome. At Stein & Markus, we guide people through this next stage with clear information and steady support.
Our firm is based in the area, and our attorneys have more than 75 years of combined criminal defense experience across California. Our team includes a former Los Angeles criminal prosecutor with 33 years of experience. This mix of perspectives helps us evaluate whether an appeal is available and how to present your arguments to the reviewing court.
Don't let a legal error define your future. Our firm specializes in complex criminal appeals and post-conviction relief in Southern California. Contact Stein & Markus at (562) 512-7030 or reach out online to schedule your free consultation. We are available 24/7 and provide bilingual representation to ensure every client gets the defense they deserve.
Understanding the Criminal Appeals Process in California
In California, the right to appeal is granted by statute under Penal Code § 1237 (for felonies) and Penal Code § 1466 (for misdemeanors). It is vital to understand that an appeal is not a "re-trial." The appellate court does not hear new witness testimony or consider new evidence of innocence. Instead, the court reviews the "record" of the original trial to determine if legal errors occurred that made the proceedings unfair.
Strict Deadlines: The Notice of Appeal
Timing is the most critical factor in preserving your rights. If you miss the deadline to file your Notice of Appeal, you may lose your right to challenge your conviction forever.
- Felony Cases: You must file the Notice of Appeal within 60 days of the date of your sentencing.
- Misdemeanor Cases: You must file the Notice of Appeal within 30 days of the judgment.
Common Grounds for Criminal Appeals
It can be difficult to know whether what happened in your case is just disappointing, or whether it involved a legal error that could support an appeal. Not every mistake at trial leads to a reversal, and some issues must be preserved at specific times. Our attorneys, including our former prosecutor, review the record to identify problems that may be legally significant.
Examples of issues that may be raised on appeal include:
- Improper jury instructions that misstated the law or reduced the prosecution’s burden of proof.
- Wrongful admission or exclusion of important evidence, such as statements or prior convictions.
- Insufficient evidence to support one or more counts of conviction under California law.
- Sentencing errors, including misapplication of sentencing enhancements or failure to consider required factors.
- Violation of constitutional rights, such as the right to counsel or the right to confront witnesses.
The presence of one of these issues does not automatically mean an appeal will succeed. Courts also consider whether the error was likely to have changed the outcome. We work to analyze both the existence of potential error and its impact, and then decide which arguments to present to give your criminal appeal the strongest possible structure.
Beyond the Direct Appeal: Writs of Habeas Corpus
If the errors in your case are not visible in the trial transcript—such as your lawyer failing to interview a key witness who never appeared in court—a direct appeal may not be the right tool. In these cases, we may file a Petition for a Writ of Habeas Corpus. This allows us to present "extrinsic" evidence (evidence outside the record) to prove that your imprisonment is unlawful due to constitutional violations or newly discovered evidence of innocence.
How Criminal Appeals Work in California
A criminal appeal in California is not a new trial, but a formal request for a higher court to review a lower court’s proceedings for legal or procedural errors. The focus is on the existing trial record rather than presenting new evidence. Understanding the steps involved—from filing deadlines to written briefs and possible outcomes—helps you navigate the appeals process and ensures your rights are fully protected.
Key Steps in a California Criminal Appeal
- Record Preparation: We oversee the creation of the Clerk’s Transcript (court documents) and the Reporter’s Transcript (word-for-word record of everything said in court).
- The Opening Brief: This is the most important document in the appeal. As your appeals attorney in Los Angeles, we draft a comprehensive brief detailing the specific legal errors that occurred and citing the relevant case law that demands a reversal.
- The Respondent’s Brief: The Attorney General’s office will file a response arguing that the trial court's decision was correct or that any errors were "harmless."
- The Reply Brief: We file a final written argument to dismantle the prosecution’s response and reinforce our grounds for reversal.
- Oral Argument: We appear before a three-justice panel to present your case in person and answer the justices' questions. This is a critical opportunity to highlight the most egregious errors in your trial.
- The Decision: The court may
- Affirm (keep the conviction)
- Reverse (overturn the conviction)
- Remand (send the case back for a new trial or sentencing)
Navigating a criminal appeal requires careful attention to deadlines, a detailed review of the trial record, and a strategic presentation of legal arguments. Our experienced appellate attorneys in Los Angeles ensure that your case is thoroughly analyzed, your arguments are clearly presented, and your rights are protected throughout every stage of the process.
Why Choose Our Appeals Team at Stein & Markus
Choosing a lawyer for an appeal is different from choosing a trial lawyer. Appeals are built on written records, rulings, and legal arguments, not witness testimony or new evidence. Our attorneys have spent decades in courtrooms throughout California, including many courthouses in Los Angeles County, and we bring that depth of trial knowledge into our appellate work.
Having a former Los Angeles criminal prosecutor on our team gives us a detailed understanding of how cases are charged, tried, and defended on appeal. We have seen from the prosecution side how the state responds when convictions are challenged. We now use that insight to anticipate arguments the government may raise and to craft responses that address them directly.
Our firm has handled complex and high-stakes criminal matters, including serious felonies and cases that involve the possibility of the death penalty. These cases often produce long records and complicated legal issues. We are comfortable working through that level of detail, which is essential when preparing an appeal that will be decided largely on written briefs and the existing record.
Members of our team have contributed to the formation of criminal laws and are recognized within the legal community. This background supports the careful legal analysis that appellate courts expect. At the same time, we work to treat clients like family, keep them informed, and remain available when questions or concerns come up during a lengthy process.
Serving Clients in Los Angeles Courts
Most appeals begin with a case heard in a particular trial court. In criminal matters from this area, that often means courthouses such as the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles or other Los Angeles County criminal courts. We are familiar with how serious cases are prosecuted and sentenced in these venues, which provides context when we review trial records.
Appeals from these courts often go to the California Court of Appeals district that covers the region, and in some situations, further review may be sought in the Supreme Court of California. Our work includes applying statewide appellate rules to the local realities of how cases were handled in the trial court.
When you contact Stein & Markus, you speak with a team that focuses on criminal defense and appellate issues throughout California. We listen to your concerns, outline potential options, and explain how our background, including our former Los Angeles prosecutor, may help in evaluating and presenting your case.
If you are ready to talk about a possible appeal or other post-conviction options, we encourage you to reach out. We can discuss your situation confidentially and provide information about next steps so you can make informed decisions. Call (562) 512-7030 or reach out online to speak with our appeals attorney in Los Angeles about your criminal appeal.
Why Choose Stein & Markus?
What Makes Us Different
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We Provide Free ConsultationsTalk through all of your legal options during a free consultation.
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Work with a Former ProsecutorOur prosecutor turned defense attorney is ready to protect you!
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Hablamos EspañolWork with a criminal defense attorney who speaks your language.
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24/7 Help AvailableWhenever you need our lawyers, we're here to help you.
"Amazing work, I wouldn’t trust anyone else."
- Suzi S.