Los Angeles Criminal Defense Lawyer Blog

As we noted in our November 3 post, courts do sometimes make mistakes. Criminal defendants have a constitutional right to appeal their conviction. Through the appellate process, a higher court -- the Court of Appeals -- reviews court proceedings and sentences. If a judicial error has been made, the Court of Appeals can correct the error by overturning the guilty verdict, ordering a new trial or modifying the sentence.

Some of the mistakes that can be corrected by an appeal include:

• Harsh sentences


• Faulty arrests


• Faulty search warrants


• Insufficient evidence


• Improper wiretaps


• Incorrectly applied laws


• Faulty jury instructions


• Removal of minority jurors


• Failure to identify informants


• Incompetent counsel


• Prosecutorial misconduct

Unlike trial courts where criminal cases are originally heard, the Court of Appeals rules only on the trial record and oral arguments. The case is not retried, new evidence cannot be admitted, and no witnesses are called to testify. The strength of the case depends entirely on issues of law in the written record of the original trial and the expertise of the appellate attorney. In most cases, the Court of Appeals is the defendant's last opportunity for justice. While the U.S. Supreme Court and the Supreme Court of each state are the final arbiters of law, they accept only a minute number of cases each year, meaning that most appellate court decisions stand.

Appeals are such a specialized area of law that criminal defense attorneys usually guide their clients to an experienced criminal appeals attorney who has the specific legal experience and expertise necessary to navigate the complicated appellate process. It is the criminal appeals lawyer, not the original trial lawyer, who represents defendants before the Court of Appeals.

How does the appeal process work? Within 60 days of sentencing, a Notice of Appeal must be filed. Bail can be requested to keep the defendant out of jail while his appeal is being considered, a process that can take six months to a year. The court clerk and reporter prepare a Record on Appeal, a copy of all original court records and transcripts, on which the appellate proceedings will be based.

Written documents called Briefs are prepared by both the Court of Appeals lawyer and prosecutor. These documents detail the legal arguments that support reversal of the defendant's conviction or sentence. Each side then presents Oral Arguments before the court which eventually issues a Decision. An aggressive criminal appeals attorney with proven experience will have the specialized expert skills required to present an effective and convincing argument before the Court of Appeals that can result in an overturned conviction.