Home Appeals and Writs

Los Angeles Criminal Attorneys Handling Appeals and Writs

If You Or A Loved One Went To Trial And Were Found Guilty, You Have The Right To Appeal Your Conviction. There are strict Statute of Limitations that limit how much time you have to appeal a case, so it is critical that you call.

If you are accused or suspected of a California crime, call us at (800) 458-1488 immediately!

Post-Conviction Remedies

We strongly encourage you to consult with our appellate division to understand your options. Our appellate division is headed by Tom Dunn, certified appellate specialist who has successfully argued in front of the Supreme Court. There are strict Statute of Limitations that limit how much time you have to appeal a case, so it is critical that you call us now.

The Appeals process is often the last chance to protect your rights, and hiring the right law firm is crucial. We have a fantastic record of great results, oftentimes resulting in clients being granted new trials or even having their convictions overturned and released from custody.

The Appeals Process

An appeal is a request for the appellate court to review and change the decision of the lower court. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision. Unlike a criminal trial, an appeal is not a new jury trial. Instead, your Appellate attorney argues on your behalf by submitting written legal briefs to the Court of Appeals. The arguments are based solely on the transcripts of your original trial. In order to appeal a verdict, you must establish that your rights were violated in the original trial. Grounds for an appeal can include innefective assistance of counsel, jury errors, legal procedural errors, discovery of new evidence, sentencing errors by the Judge, and improper rulings of law.

Other Post-Conviction Remedies

An appeal is not the only option for post-conviction relief. At Criminal Defense Incorporated, we evaluate cases for every possible post-conviction remedy. Our appellate specialists have successfully used a variety of strategies, including:

  • Writ of Habeus Corpus
  • Writ of Mandamus
  • Collateral Attacks on Sentencing

What Is A Writ, And How Can It Help Me?

Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal. As a general rule, this applies to issues that are not apparent in the record of the case itself (such as when an attorney fails to investigate a possible defense).

Any one of the following reasons, for example, may prohibit an appeal (and justify a writ):

  • The defense did not lodge a timely objection at the time of the alleged injustice (but should have).
  • A final judgment has not yet been entered in the trial court, but the party seeking the writ needs relief at once to prevent an injustice or unnecessary expense.
  • The matter is urgent. (Writs are heard more quickly than appeals, so defendants who feel wronged by actions of the trial judge may need to take a writ to obtain an early review by a higher court.)
  • The defendant has already lodged an unsuccessful appeal (defendants may file multiple writs but the right to appeal is limited to one). But filing a writ that simply mimics an unsuccessful appeal is a frivolous writ and will be dismissed immediately.

How We Can Help

At CDI, we have an experienced, thorough and highly successful appellate division. We know that there are thousands and thousands of innocent people spending time in prison for something they didn't do. We are here to help!

The traditional appeals process can be lengthy and expensive. Before we begin this process for any client, we do an extensive Appeal Case Evaluation. The evaluation is much quicker and far less expensive than an appeal. In the evaluation, we thoroughly investigate all of the legal proceedings and discovery available in order to arrive at the best possible strategy for our clients. We then provide you with your legal options to move forward. The evaluation is done for a fixed cost, and you will be discussing your case with some of the top appellate attorneys in the nation.

ATTENTION

If you've been accused of a crime, but NOT formally charged yet, call us immediately.

LET US HELP PREVENT CHARGES FROM EVER BEING FILED.

CALL (800) 458-1488