Appeals Attorney in Los Angeles
A Criminal Appeal Reviews Legal Errors, Not a Second Trial
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. A criminal appeal is not a second trial. It generally asks a reviewing court to examine the existing trial record rather than hear new witness testimony or evidence.
Whether an appeal is available can depend on the judgment, the issues raised during trial, and whether an error was preserved for review. We can evaluate the court record, sentencing documents, and potential appellate issues to explain the next steps.
Timing is a critical factor in preserving your rights. If you miss the deadline to file a notice of appeal, the reviewing court may not consider your challenge. The controlling date and filing requirements should be verified against the judgment, sentencing documents, and applicable California rules.
- Felony Cases: A notice of appeal is generally due within 60 days after the judgment or order being appealed.
- Misdemeanor Cases: A notice of appeal is generally due within 30 days after the judgment or order being appealed.
Don’t let a legal error define your future. Contact Stein & Markus at (562) 512-7030 or reach out online to schedule your consultation about a possible appeal or post-conviction matter. We’re available 24/7 and provide bilingual representation.
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 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.
- Prosecutorial misconduct, such as improper argument or failure to meet constitutional obligations.
- Juror misconduct that may have affected the fairness of the proceedings.
- Ineffective assistance of counsel when the record supports review of counsel’s performance.
The presence of one of these issues doesn’t automatically mean an appeal will succeed. Courts also consider whether the error was preserved when required and whether it was prejudicial, meaning it may have affected the verdict or sentence. We analyze both the potential error and its impact, then determine which arguments to present in a criminal appeal.
Beyond the Direct Appeal: Writs of Habeas Corpus
If the errors in your case are not visible in the trial transcript, such as a lawyer failing to interview a key witness who never appeared in court, a direct appeal may not be the right tool. In these cases, a petition for a writ of habeas corpus, a request to challenge unlawful custody based on matters outside the record, may be appropriate. It can address certain constitutional violations or newly discovered evidence when the issue requires evidence beyond the trial record.
We handle post-conviction relief and appeals in both state and federal courts as part of our criminal defense representation. The appropriate remedy depends on the source of the alleged error, the procedural history, the court involved, and applicable filing rules.
How Criminal Appeals Work in California
The appellate process proceeds through record preparation, written briefing, and, in some cases, oral argument before the reviewing court.
Key Steps in a California Criminal Appeal:
- Record Preparation: The process can include preparing the clerk’s transcript of court documents and the reporter’s transcript, the word-for-word record of what was said in court.
- The Opening Brief: An appeals attorney in Los Angeles identifies reviewable legal issues and presents written arguments supported by the record and relevant law.
- The Respondent’s Brief: The Attorney General’s office may respond by arguing that the trial court’s decision was correct or that an error was harmless.
- The Reply Brief: A reply brief addresses the government’s response and reinforces the arguments raised in the opening brief.
- Oral Argument: When scheduled, oral argument allows counsel to answer the justices’ questions about the record and legal arguments.
- The Decision: The court may affirm the judgment, reverse all or part of it, modify a sentence, or remand the matter for further proceedings.
We handle appellate representation in state and federal criminal matters throughout California.
More Than 80 Years of Trial Experience Behind Your Appeal
Choosing an appeals lawyer is different from choosing a trial lawyer because appeals are built on written records, rulings, and legal arguments, not witness testimony or new evidence. Our attorneys have more than 80 years of combined trial experience, and we bring that depth of courtroom knowledge into our appellate work.
Joseph Markus is a former Los Angeles and Orange County Deputy District Attorney with 33 years of prosecutorial experience. That perspective gives our team a detailed understanding of how cases are charged, tried, and defended on appeal. We use that insight to anticipate arguments the government may raise and 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 prepared to work through that level of detail when reviewing a conviction or sentence.
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 appellate courts expect. We also 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 can include the Clara Shortridge Foltz Criminal Justice Center, which the Los Angeles Superior Court identifies as a filing location for criminal felony appeals, or other Los Angeles County criminal courts. The originating court, judgment, and record affect the filing path and procedural requirements.
Appeals arising from the Los Angeles Superior Court are generally assigned within the California Court of Appeal Second Appellate District. Divisions 1 through 5, 7, and 8 handle matters arising from the Los Angeles Superior Court. Further review may involve a petition for rehearing or a request for review by the California Supreme Court, subject to applicable rules and the court’s discretion.
When you contact Stein & Markus, you speak with a team that handles criminal defense and appellate matters throughout California. We listen to your concerns, review the available documents, and explain which appellate or post-conviction options may apply.
Why Choose Stein & Markus?
What Makes Us Different
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Family Owned FirmWe bring a personal commitment to every client relationship.
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24/7 Help AvailableWhenever you need our lawyers, we're here to help you.
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Hablamos EspañolWork with a criminal defense attorney who speaks your language.
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Work with a Former ProsecutorOur prosecutor turned defense attorney is ready to protect you!
"Amazing work, I wouldn’t trust anyone else."
- Suzi S.