Criminal Appeals Lawyer Los Angeles: Fighting for Your Rights and Future in California

As of January 2026, the following information applies. In Los Angeles, a criminal appeal involves challenging a conviction or sentence based on legal errors, rather than re-trying the facts of the case. This process is distinct from a new trial and requires precise adherence to court rules and deadlines. The Law Offices Of SRIS, P.C. provides dedicated legal defense for these matters, aiming to overturn unjust outcomes and secure a better future for their clients.

Confirmed by Law Offices Of SRIS, P.C.

What is a Criminal Appeal in Los Angeles?

In Los Angeles, a criminal appeal is a formal request to a higher court to review a lower court’s decision, typically a conviction or sentence, for legal errors. Unlike a new trial, an appeal does not involve re-presenting evidence or testimony. Instead, the appellate court examines the existing trial record to determine if legal mistakes were made that unfairly prejudiced the defendant. These errors could include improper admission of evidence, incorrect jury instructions, or prosecutorial misconduct. The goal is to ensure the law was applied correctly and that the defendant received a fair legal process, rather than relitigating factual guilt or innocence.

Takeaway Summary: A criminal appeal in Los Angeles reviews your trial for legal errors, not factual innocence, to ensure justice was served. (Confirmed by Law Offices Of SRIS, P.C.)

How to File a Criminal Appeal in Los Angeles?

Filing a criminal appeal in Los Angeles is a precise, multi-step process that demands meticulous attention to detail and strict adherence to deadlines. It is not something you can approach casually; every stage has specific requirements that, if missed, can jeopardize your entire appeal. Think of it like an intricate legal process where skipping an ingredient or mistiming a step can ruin the outcome. Here’s a breakdown of the typical process:

1. File a Notice of Appeal

   This is the absolute first step and perhaps the most time-sensitive. In most felony cases, you generally have 60 days from the date of the judgment or order being appealed to file a Notice of Appeal with the superior court clerk. For misdemeanor cases, this period is often even shorter, typically 30 days. This notice is a simple document that informs the court and the prosecution of your intent to appeal. Missing this deadline is usually fatal to your appeal, as appellate courts rarely grant extensions. This is why contacting an LA appeal attorney immediately after sentencing is exceptionally important. They’ll ensure this foundational step is handled correctly and on time, preventing an early setback in your fight for justice.

2. Prepare the Appellate Record

   After filing the notice, the court clerk will begin compiling the official appellate record. This record typically includes the reporter’s transcript (a verbatim account of everything said in court by witnesses, attorneys, and the judge), the clerk’s transcript (containing all documents filed in the case, such as motions, orders, and exhibits), and any other evidence presented. Reviewing this massive collection of documents is a monumental task. Your Los Angeles criminal family appeals lawyer will meticulously pore over every page, searching for any signs of legal error, misstatements, or procedural irregularities that can form the basis of your appeal. This exhaustive review is key because the appellate court’s decision will be based solely on what is contained within this record. No new evidence is introduced at this stage; it’s all about what happened at trial.

3. Write and File Appellate Briefs

   This is the heart of your appeal. Both the appellant (you) and the respondent (the prosecution) will submit written legal arguments called briefs to the appellate court. Your attorney, as the appellant’s counsel, will prepare an opening brief. This document is a powerful legal argument, often dozens of pages long, that clearly identifies the legal errors committed during your trial or sentencing, explains why these errors were legally significant, and cites relevant statutes, case law, and constitutional provisions to support your claims. Each argument must be directly linked to specific portions of the appellate record. The prosecution then files a respondent’s brief, attempting to refute your arguments and justify the trial court’s decision. Finally, your attorney may file a reply brief to address points raised in the respondent’s brief. Crafting compelling, well-researched, and impeccably argued briefs requires a seasoned legal mind. This is where your LA appeal attorney truly earns their keep, transforming involved legal issues into clear, persuasive arguments for the appellate judges.

4. Oral Argument (If Scheduled)

   In some cases, the appellate court may schedule an oral argument. This is an opportunity for your attorney and the prosecution’s attorney to present their arguments directly to a panel of appellate judges, and for the judges to ask questions. Oral arguments are typically concise and focus on the most important legal issues raised in the briefs. While not always granted, it’s a significant moment for your Los Angeles criminal family appeals lawyer to verbally persuade the court and clarify any ambiguities. It’s an exercise in precise legal rhetoric, requiring quick thinking and a profound grasp of your case’s nuances and the applicable law.

5. Appellate Court Decision

   After reviewing the briefs and potentially hearing oral arguments, the appellate court will issue a written decision. This decision can take several forms:

   • Affirm: The court agrees with the trial court’s decision and upholds the conviction or sentence.
   • Reverse: The court finds significant legal error and overturns the conviction or sentence. This could lead to dismissal of charges, a new trial, or resentencing.
   • Reverse and Remand: The court reverses the decision but sends the case back to the trial court for further proceedings consistent with the appellate court’s ruling. This might mean a new hearing on a specific issue or a retrial.

   Receiving this decision is often the culmination of months, if not years, of effort. The implications for your future are immense, making every step of this process a high-stakes endeavor. Understanding the potential outcomes and how they might affect you is something your attorney will explain clearly, offering guidance through what can be an emotionally taxing period.

6. Further Appeals (If Applicable)

   If you are dissatisfied with the appellate court’s decision, and there are still viable legal grounds, you may have the option to pursue further appeals to a higher court, such as the California Supreme Court. However, these higher courts have discretionary review, meaning they don’t have to hear every case. They typically only take cases that involve significant legal questions or conflicts in lower court rulings. This further step is even more selective and requires an even higher level of legal scrutiny and strategic planning. Your LA appeal attorney will assess the viability of such a step, weighing the legal merits against the significant resources and time involved.

Each stage of the criminal appeals process in Los Angeles presents its own unique challenges and requires specific legal strategies. Without experienced counsel, the procedural hurdles alone can be overwhelming. The process is designed to be rigorous, and only those who understand its intricacies can effectively manage it. From the initial notice to potential further appeals, having a dedicated legal team fighting for you is not just beneficial, it’s essential.

Can I Overturn My Criminal Conviction or Sentence in Los Angeles?

It’s natural to feel like your options are dwindling after a conviction or sentencing, but many clients wonder, “Can I really overturn this?” The blunt truth is, winning a criminal appeal in Los Angeles is undeniably challenging. It’s not like another trial where you re-argue the facts. The appellate court isn’t interested in whether you feel innocent; they’re strictly looking for legal errors made by the trial court. However, challenging doesn’t mean impossible. When legitimate legal errors occurred that unfairly impacted your case, an appeal is not just a possibility—it’s your fundamental right and often your best hope for justice.

The key to overturning a conviction or sentence lies in identifying significant, prejudicial legal errors. These aren’t minor mistakes, but errors so substantial they likely affected the outcome of your trial. Here are some of the common grounds an LA appeal attorney looks for:

• Judicial Error: This includes instances where the trial judge made incorrect rulings on legal questions, such as improperly admitting or excluding evidence, giving faulty jury instructions, or misinterpreting a law. For example, if the judge allowed hearsay evidence that should have been barred, and that evidence was essential to your conviction, it could be grounds for appeal.
• Prosecutorial Misconduct: This refers to actions by the prosecutor that violate your rights or undermine the fairness of the trial. Examples include withholding exculpatory evidence (evidence that could prove your innocence), making inflammatory remarks to the jury, or knowingly presenting false testimony. Such actions are serious breaches of legal ethics and due process.
• Ineffective Assistance of Counsel: A fundamental right in the U.S. legal system is the right to effective legal representation. If your trial attorney’s performance fell below an objective standard of reasonableness and there’s a reasonable probability that, but for their errors, the outcome of your trial would have been different, you may have grounds for an appeal based on ineffective assistance. This is a high bar to clear, requiring specific proof of counsel’s failures and their direct impact on the case.
• Newly Discovered Evidence: While appellate courts generally don’t consider new evidence, there are rare exceptions. If genuinely new evidence emerges after the trial that was not reasonably discoverable beforehand and is so compelling that it would likely change the verdict, it might be presented through a motion for a new trial (which can then be appealed) or a petition for writ of habeas corpus, a related but distinct legal challenge. This is a challenging area, and your Los Angeles criminal family appeals lawyer would carefully assess its applicability.
• Violation of Constitutional Rights: If your constitutional rights were violated during the investigation, arrest, trial, or sentencing—such as violations of your Fourth Amendment rights against unreasonable search and seizure, or Fifth Amendment rights against self-incrimination—these can be powerful grounds for an appeal.

The success of an appeal hinges on the strength of the legal arguments and the ability to demonstrate how the identified errors prejudiced your case. It’s not enough to simply point out a mistake; you must show how that mistake led to an unjust outcome. This demands a thorough review of the trial record and a deep understanding of California appellate law.

While appellate courts often affirm lower court decisions, successful appeals do happen. Reversals can lead to a new trial, a reduced sentence, or even an outright dismissal of charges. The path is arduous, but for those with valid grounds, it offers a real chance to correct a grave injustice. Having seasoned counsel at your side, someone who understands the nuances of Los Angeles criminal family appeals, significantly increases your chances of presenting a compelling case to the appellate judges. They can help transform a seemingly impossible situation into a tangible opportunity for a fairer outcome.

Why Hire Law Offices Of SRIS, P.C. for Your Los Angeles Criminal Appeal?

When facing a criminal appeal in Los Angeles, you’re not just looking for a lawyer; you’re looking for a steadfast advocate who understands the stakes and knows how to challenge the system. Law Offices Of SRIS, P.C. is committed to providing that level of dedicated representation. We understand the fear and uncertainty that comes with a conviction, and our approach is built on clarity, directness, and unwavering support.

Mr. Sris, the firm’s founder, brings extensive experience to the table. His approach to law is deeply personal and results-driven. As he puts it, “My focus since founding the firm in 1997 has always been directed towards personally managing the most challenging criminal and family law matters our clients face.” This isn’t just a philosophy; it’s a practice that defines our firm’s commitment to each client’s individual struggle. We don’t shy away from difficult cases; instead, we see them as opportunities to apply rigorous legal strategy and a thorough understanding of the law to achieve favorable outcomes.

Our team understands the specific nuances of Los Angeles criminal family appeals, from the strict filing deadlines to the intricate legal arguments required in appellate briefs. We meticulously review trial records, identify potential legal errors, and construct powerful arguments aimed at securing justice for you. We know that a criminal appeal can feel like an uphill battle, but with the right legal strategy and a committed LA appeal attorney, the path forward becomes clearer.

While Law Offices Of SRIS, P.C. has established locations across Virginia, Maryland, New York, and New Jersey, our counsel is dedicated to representing clients facing criminal appeals within Los Angeles jurisdiction, operating with the same commitment and focus. We are ready to provide the rigorous defense you need.

Our firm is prepared to take on cases involving a wide array of criminal appeal issues, ensuring that no stone is left unturned in our pursuit of justice. We stand by our clients, offering not just legal representation but also reassurance and empathetic guidance through every stage of the appeal process.

For your Los Angeles criminal appeal, our contact details are:

Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA, 22032, US
Phone: +1-703-636-5417

Call now to schedule a confidential case review and discuss how we can assist you in your Los Angeles criminal appeal.

Frequently Asked Questions About Criminal Appeals in Los Angeles

Q: What’s the difference between an appeal and a new trial?

A: An appeal reviews a previous trial for legal errors, like improper evidence or faulty instructions, using the existing record. A new trial involves starting over with new evidence and witnesses, arguing factual innocence. Appeals focus on process, not re-litigating facts, making the attorney’s role critical.

Q: What types of errors can be appealed?

A: Common grounds include judicial errors, such as incorrect legal rulings, prosecutorial misconduct like withholding evidence, or ineffective assistance from previous counsel. Constitutional rights violations are also appealable. Your LA appeal attorney will identify significant errors impacting your trial’s fairness.

Q: How long does a criminal appeal in Los Angeles typically take?

A: A criminal appeal can take anywhere from several months to a few years, depending on the intricacy of the case, court backlogs, and whether oral arguments are scheduled. The process involves strict deadlines for filing documents and preparing records. Patience and persistent legal work are essential.

Q: Can I introduce new evidence during an appeal?

A: Generally, no. Appeals are based on the existing trial record. New evidence is typically only considered in very rare circumstances, such as through a motion for a new trial or a writ of habeas corpus. Your Los Angeles criminal family appeals lawyer will advise on these limited possibilities.

Q: What happens if I win my criminal appeal?

A: If you win, the appellate court might reverse your conviction, order a new trial, or mandate a resentencing. The specific outcome depends on the nature of the errors found. It can mean a significant second chance or even freedom. Your attorney will explain the next steps clearly.

Q: What is a writ of habeas corpus and how does it relate to appeals?

A: A writ of habeas corpus challenges the legality of a person’s detention, often raising issues outside the trial record, like constitutional violations or newly discovered evidence. It’s separate from a direct appeal, which focuses on trial errors. An LA appeal attorney might pursue both, depending on your case’s specifics.

Q: Is it expensive to file a criminal appeal?

A: Yes, appeals involve significant legal fees due to the intensive research, brief writing, and court appearances required. Costs vary based on case intricacy and attorney rates. While not inexpensive, considering the stakes, it’s an investment in your future and justice. Discuss fee structures with your lawyer.

Q: Do I need an LA appeal attorney if I already had a lawyer for my trial?

A: Absolutely. Appellate law is highly specialized and differs greatly from trial law. An appeal attorney brings a fresh, objective perspective to scrutinize the trial record for errors. They have specific expertise in appellate procedures and arguments, giving you the best chance for success.

Q: What are the chances of winning a criminal appeal in Los Angeles?

A: Winning an appeal is challenging because appellate courts presume the trial court was correct. Success rates vary widely based on the specific legal errors and the strength of the arguments. While difficult, a well-argued appeal based on solid legal grounds offers a genuine opportunity for reversal. It demands a seasoned LA appeal attorney.

The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.

Past results do not predict future outcomes.