Los Angeles Criminal Defense Lawyer Blog

A recent criminal case out of New York shows us that criminal appeals can play an integral role in determining the outcome for a defendant.

What some people don't realize is that a Los Angeles criminal appeal is available not only for the defendant, but also for the state. Prosecutors can appeal favorable rulings for defendants just like defendants can appeal rulings that help the state's case.

Our Los Angeles criminal appeals lawyers believe that even a well-argued case before a trial judge can turn rocky on appeal, so employing a well-versed criminal appeals lawyer may end up being as necessary or more necessary than hiring a defense attorney.

Take, for example, the case of United States v. Steppello out of New York. In this case, the man faced drug charges and in the course of the case, his lawyers brought up a motion to suppress cocaine seized from him during a warrant-less arrest as well as evidence from his residence. They also were successful in suppressing his statement after arguing there was no probable cause to support the arrest.

It was a big victory for the defendant and his lawyers because without this evidence, the prosecution wouldn't have much of a way to prove the case. These were critical pieces of evidence that would now be kept out of trial. The prosecutors even appealed the decision, arguing that the judge shouldn't have suppressed the evidence in the first place.

But the government appealed these decisions and on appeal, a panel of judges agreed with the state and reversed the lower court's decision. It then became a major blow to the defendant, who probably felt pretty good that he had gotten such a favorable ruling earlier on.

This is why an experienced Los Angeles criminal appeals lawyer is so important. As a defendant, you can never let your guard down. The prosecution has many resources and will use all of them in pursuit of a conviction. The more high-profile of a case, the more they will do to try to score a prison sentence for the defendant.

On appeal, prosecutors were able to convince a panel of judges that the lower court judge was wrong when ruling that police didn't have probable cause to make the arrest and they ruled that the cocaine and statements made during his arrest shouldn't have been suppressed.

Based on that ruling, the court also overturned the lower court's order that evidence seized from the man's residence should also be admitted, amounting to a clean sweep for the prosecution. Everything that was suppressed was put back into play and not only that, but the appeals court transferred the case to a different judge, noting that the same judge ignored rulings made by the appeals court in a different, but similar, case.

A defendant must always keep the pressure on and never assume they have won until the final appeal has been raised. There are always going to be opportunities for the prosecution to try to change the opinion of a judge. That's why hiring an experienced Los Angeles criminal appeals lawyer is vital to a suspect's case.