If you, or someone you know has lost a criminal trial, it is time to consider a criminal appeal. The results of losing a criminal case can be far reaching, from county jail, state prison, to life in prison. It is time to call the experienced criminal appeal attorneys at Rodriguez, Lewis and Kahn for a free consultation to determine the best course of legal action to restore your freedom and rights.

What Is A Criminal Appeal?

Trials in California are held in the Superior Court. When a defendant loses a felony trial in Superior Court, they have a right to have a higher court, the “Court of Appeal” review the decision of the lower court for legal errors. This is not a new trial, but rather a review by a panel of three “appellate” judges to see if there were errors made in the court below. The California Supreme Court reviews the Court of Appeal. With a misdemeanor conviction the “Appellate Department of the Superior Court” hears the appeal. With good appellate lawyers like those at Rodriguez, Lewis and Kahn, the result is often the granting of a new trial in the Superior Court or a reduction of the sentence.

Criminal Appeals - California

Anyone who has had an “adverse judgment” in the lower court such as a finding of guilty, or who has had a “final order” issued, can normally “appeal” the decision to the higher court for review. The appeals court will review the lower court decision for “errors of law” and, within certain limits, review facts to see if, “as a matter of law”, there is insufficient evident for the lower court to be upheld.

A person who files an appeal is called an appellant . The appellant is the party who has lost their case in the lower court decision. The person responding is usually called the “appellee” or “respondent”. In criminal cases in California this is usually the State Attorney General’s Office, though under certain circumstances the District Attorney or City Attorney will handle an appeal.

• How To Appeal?
• When the lower court issues a final judgment or order, the defendant must quickly file a “Notice of Appeal”. Except for cases where a penalty of death is the sentence, appeals are not automatic. A Notice of Appeal must be filed with the trial court and is designed to give notice to both the opposing party and the trial court that you intend to appeal the decision.


• Once the Notice of Appeal is filed, the appellate process begins with the “preparing the record”. This means the that the court clerk and court reporter will begin to prepare their respective records, i.e. the papers filed in the case including the “minute orders”, “docket sheet”, “motions” and “pleadings”, as well as the actual reporter’s transcript of the trial or hearing.


• After the record on appeal is prepared an “opening brief” is filed by the appellant which is the legal argument, supported by cases, statutes, treatises and other legal sources which supports the legal position of the appellant. A “Respondent’s Brief” is then filed by the party opposing the argument. Finally, since the appellant carries the “burden of proof” they can, if they choose, file a “Reply Brief”. Experienced appellate counsel like those at Rodriguez, Lewis and Kahn always file reply briefs because of the enormous advantage gained by having the last written word before the court.


• Oral arguments to the Appellate Court are made after all the briefing is done and an appropriate date for oral argument has been set. Normally three appellate justices hear the case in the Court of Appeal, and seven justices in the California Supreme Court. They listen to each side’s oral argument and often interrupt with questions. It is not a trial and no witnesses are called.


• Decisions of the court (also known as “opinions” of the court) will be written and given to the parties, usually weeks or even months later, stating what the court believes the law is and which side is correct. If the lower court was correct, it will “uphold” the lower court; if the lower court was incorrect, it will “reverse” the lower court. Sometimes only part of the lower court decision is upheld, and part of it is reversed. In California, in the Court of Appeal, the opinion may be ordered published in the official records if the case is of precedential value; however, most cases are not published because they add nothing to the already existing law in California. All California Supreme Court cases are published.

Levels Of Appeals

There are different levels of appeal. A misdemeanor conviction is normally heard by the “Appellate Department of the Superior Court”. A felony conviction is normally reviewed by the Court of Appeal. The Court of Appeal is reviewed by the California Supreme Court, but this is usually on a discretionary basis; i.e. except for death penalty cases, the California Supreme Court gets to decide on its own which cases it will hear. In a typical year only about 125 cases are heard by the California Supreme Court. Of those, maybe 25 are death penalty cases and the remaining 100 cases are often split roughly 50/50 between criminal and civil cases. Obviously it is difficult to get a case to the California Supreme Court. Sometimes California state court cases can be directly reviewed by the United States Supreme Court on a “Petition for Writ of Certiorari” if important issues of federal law are involved. The Unites States Supreme Court, like the California Supreme Court, gets to decide which cases it will hear, which usually numbers about 100 per year.

Writs

Another way to have an appellate court review a case is through a “writ.” This is an extraordinary procedure where the appellate court reviews matters that cannot be handled on a direct appeal. This often includes matters concerning the suppression of evidence or the freedom of a person illegally confined. Under certain circumstances, where a question of federal law is involved, the federal courts can be accessed through a Writ of Habeas Corpus.

Los Angeles Criminal Appeal Attorneys

Experience is the key to finding a good appellate lawyer. An attorney must be intimately familiar with the entire criminal court process in order to recognize when a mistake has been made by a judge, prosecutor, defense attorney, police officer or witness. Only with that type of experience can mistakes be spotted and a successful criminal appeal mounted.

If you have lost a criminal case in California, the appellate attorneys at Rodriguez, Lewis and Kahn can help. They have over 70 years of combined legal experience successfully arguing cases before the appeals courts. They will review all court records and transcripts looking for the type of errors that can lead to new trials and/or reduced sentences. They will diligently research all of the statutes, rules and cases to find just those items that will make your appeal successful. Contact Rodriguez, Lewis & Kahn for a confidential, free consultation to begin work on winning your criminal appeal.