Call Today! 310-430-7799
Call Today! 310-430-7799
Okabe & Haushalter

Los Angeles Appeals Lawyer

Los Angeles Appeals Attorney

Appeals are one of the most important aspects of the criminal justice system in the state of California. Anytime a person is arrested and charged with the crime, they are innocent until proven guilty. However, even if an individual is convicted, that does not necessarily mean that justice was carried out appropriately. Judges can make bad decisions. Juries have been wrong in the past. Prosecutors can act unethically and violate the law. Defense attorneys do not always handle cases in the best interest of their clients.

Regardless of why an appeal may be necessary, the truth is that they are allowed. The appeals process gives a person convicted of a crime another chance. At Okabe & Haushalter, our Los Angeles appeals attorneys are standing by to help you through this entire process.

Appealing A Criminal Conviction

A criminal conviction is a very serious situation, and when a conviction was a failure of the justice system, an appeal should be filed. A conviction on a federal offense has especially heavy consequences. Expensive fines, the loss of privileges, and lengthy prison sentences are usual punishments. Law enforcement officers and federal prosecutors are careful when building a case against a suspect, but miscarriages of justice can take place.

Should I File An Appeal?

The legal team at Okabe & Haushalter has extensive experience in defending cases in state and federal courts, and in filing appeals for convicted individuals when justice has not been served. Some errors that could lead to a successful appeal include:

  • The use of evidence against the defendant that has been gathered illegally or without following the proper procedure.
  • The prosecution lying or deliberately misleading the jury.
  • Mistakes made by your attorney in defending you.
  • The barring of crucial evidence for one reason or another would strengthen your defense.
  • Sentencing is not in accordance with the Federal Sentencing Guidelines.

If you have been convicted of a misdemeanor, felony, or federal crime and you would like to appeal your conviction, it is very important to talk to a Los Angeles defense attorney immediately. The appeals process is extremely complex and requires an attorney with experience in the system.

Brief Overview Of The Appeals Process In Los Angeles

Before we briefly explain the appeals process in Los Angeles and throughout California, we want to point out that an appeal does not accept new evidence to the case, it will not retry the case, and testimony from witnesses will not be heard.

The notice of appeal is the first step in this process. Individuals have the right to appeal after a guilty conviction, and they must file a “Notice of Appeal” within 30 to 60 days after a guilty verdict is handed down. After this notice is sent, there are various steps that will be followed.

  • Preparation of court transcripts: Two transcripts will be prepared by the Superior Court. The first will be the transcript prepared by the court reporter who was at the original trial. The second transcript will be the clerk’s transcript, which includes all materials used in the core process (documents, exhibits, etc.).
  • Appellant’s opening brief: The appellant and their attorney will have an opportunity to explain to the court why they believe they should be entitled to relief on appeal, including a reversal of the conviction, a new trial, or a new sentence.
  • Respondent’s opening brief: Prosecutors will respond on behalf of “The People of California” and explain why they disagree with the appellant’s appeal.
  • Appellant’s reply: The appellant will have a chance to file a second brief to respond to the prosecutors. No new issues will be brought up at this point.
  • Oral arguments: The appellant and their attorney will have a chance to argue their case to the court. These arguments are usually brief and may only last a half-hour.
  • Petition for rehearing: If an appellant is unsatisfied with the ruling of the court, they will have 15 days to file for a rehearing.
  • Petition for review: After the appeals court announces its decision, either party will have a chance to have the case reviewed by the California Supreme Court. This request for review must be made within ten days after the appeals court decision. The Supreme Court does not have to accept the appeal to review any case.

Choose Knowledgeable Representation

A skilled Los Angeles criminal defense attorney can facilitate the reversal of the unfair or biased verdict you may have received. Our legal team is very knowledgeable regarding federal criminal cases and procedures. We will review your case and the errors in your trial to determine how to get your conviction reviewed at the appellate court. This is the first step in the process when seeking to have your sentence overturned or your punishment reduced. You have the right to have justice. It is crucial that you contact our firm at once if you have been wrongfully convicted or sentenced in federal court.