Successful Appeals Reverse Convictions.

Criminal Appeals can cure prior court errors that result in reversing a criminal conviction. Successful criminal appeals require an experienced los angeles criminal defense attorney.

What Kind of Mistakes Can Be Corrected By Appeal?

The Appeal Process
A criminal defendant has a constitutional right to appeal his/her conviction after a trial. The defendant may challenge the conviction itself or the trial courts sentencing decision. An appeal challenges a lower court’s (trial court) legal rulings. It is a request to a higher court (appellate) to review and change the decision of a lower court. It is not a new trial, but rather a review by an intermediate court (Court of Appeal) below the state supreme court to see if the lower court acted in accord with the law. In the federal courts, a defendant may appeal his conviction to the United States Court of Appeals for the circuit with jurisdiction over the case.

The Court of Appeal will not consider new evidence, hear witnesses, or retry cases. The Court of Appeal decides issues of law and not issues of fact. Issues commonly considered by the Court of Appeal include incorrect application of a law, improper jury instructions, and insufficient evidence to support the verdict. Only written and oral arguments are considered by the Court of Appeal. It typically takes 8 to 12 months for an initial appeal to be heard. Appellate Courts do not hear new evidence-they rely on the written trial record. That is why it is important that the trial record be solid. The appellate lawyer will base his entire appeal on the record made in court by the previous lawyer. The more complete the record, the better the defendant’s chances for a successful appeal (assuming there were mistakes made by the court at the trial). If the defendant is unsuccessful in his initial appeal, he/she can seek discretionary review in a higher court. In California, the next step would be the California Supreme Court. For federal cases, the next step after the United States Court of Appeal would be the United States Supreme Court. If an appeal is ultimately successful (in overturning a conviction), the defendant may be resentenced or reprosecuted. If the defendant is to be reprosecuted a new trial date will be set.

Misdemeanor appeals are slightly different than felony appeals. A misdemeanor appeal is normally heard in the "Appellate Department of the Superior Court", and not in the Court Appeal. The formal requirements for filing misdemeanor appeals is not as strict as it is for felony appeals. In misdemeanor appeals there is generally no appellate review after a decision is rendered in the Appellate Department of the Superior Court unless the case (rarely happens) is transferred to the Court of Appeal.

What Is a Writ?
A "Writ" is considered an"extraordinary remedy" and can sometimes be used to correct the legal errors of a lower court. Writs are available to defendants when they have no other adequate remedy, such as an appeal. A "Writ of Habeas Corpus" is such a writ and is generally used to challenge the legality of imprisonment, conditions of confinement, or other actual or potential restraint on personal liberty. Writs are complex matters and an experienced criminal appellate and writ attorney should be consulted. Some of the common writs include:

The Appeal Procedure

An Aggressive Criminal Appeal Lawyer Can Help
Criminal Appeals and Writs are complex matters. Kenneth H. Lewis is an experienced California Appellate lawyer. He has successfully written briefs and argued cases in appellate courts including the California Supreme Court. Kenneth H. Lewis is a seasoned California lawyer with over thirty years experience. He has all the skills required to fight the most difficult criminal cases. He is admitted to practice before all the courts in California, before the United States Supreme Court, before the United States Tax Court, before the 9th Circuit Court of Appeal and the United States District Court. He has tried numerous cases, has acted as an arbitrator in the Superior Court, has written and argued numerous motions, writs and appeals and has had published cases in the California Supreme Court and Courts of Appeals, including his most recent case of People v. Leon, 40 Cal.4th 376 (2007), Vlick vs. Superior Court 28 Cal.App.3d 992 and People v. Villagren 106 Cal.App.3d 720. He has also filed appeals in the State of Arizona and written federal appeals.

Mr. Lewis is extremely competent at handling criminal appeals. He reviews the entire court record and will contact the defendant directly (who may be incarcerated) to discuss the trial and any legal issues that may have been overlooked by the trial attorney. Mr. Lewis will also speak to the trial attorney and discuss with him any legal issues in the trial that may be used as a basis for an appeal. He will research and consider all possible legal grounds for the appeal. He will attempt to obtain bail on appeal for the defendant. He will act promptly in writing the brief and will present an aggressive, effective and convincing oral argument to the court.

You need a criminal defense lawyer like Kenneth H. Lewis to write and argue your appeal.

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