Los Angeles Criminal Appeal Attorneys
Appeals & Expungements
What do the Courts of Appeal decide?
How does the Appeal Process work?
At Takakjian, Sowers & Sitkoff LLP we are also California Criminal Appellate Attorneys. We can provide you representation in the Courts of Appeal in areas of criminal appeals, writs and expungements in both the California and Federal courts, including such courts as the United States Ninth Circuit Court of Appeals. Our California Criminal Appeal Lawyers also handle driver license suspension or revocation appeals from DMV Administrative Hearings for Administrative Review and Appeals to the California Superior Court and California Courts of Appeal. http://www.courtinfo.ca.gov/courts/courtsofappeal/about.htm
There may be any number of reasons to file a writ or appeal a criminal conviction or administrative decision. Usually, appeals of a felony or misdemeanor arise when someone has been convicted of a crime after a trial, either by a judge or jury. It is common for trial judges to make some errors with evidence, proper criminal procedure or sentencing during the course of a court trial or jury trial. In order to get a new trial, a criminal appeal may be the only way to attempt to correct those errors when a defendant has been convicted of a crime. Even if there were no serious errors, such as a violation of Constitutional Rights in the court trial or jury trial, the defendant may wish to appeal a portion of the judgment or criminal sentence to the appropriate court of appeals. This is especially true where the sentence to jail or state prison is significantly harsher than it should have been. And in certain circumstances, release on bail can be approved while an appeal is pending. Also, if the trial judge improperly admitted certain evidence into trial - or refused to suppress evidence which should have been suppressed under California Law or the United States Constitution - this may be grounds for an appeal as well.
You should be aware that there are certain critical time limitations which often apply for filing an appeal of a criminal conviction or request for administrative review of an administrative decision. If those short time deadlines are missed, it will usually mean that the opportunity to appeal the case has been lost. Therefore, if you are considering an appeal of a criminal conviction or administrative decision, it is very important to act quickly and call our California Criminal Appeal Lawyers if you think that your case should be appealed.
If your case involves questions about a criminal appeal, administrative findings or an administrative decision, please contact one of our Orange County Criminal Appellate Attorneys immediately! We will be glad to assist you. Please call us immediately at (888) 579-4844. We have nearby offices throughout California and the consultation is free.
What is an Appeal?
An appeal is a request to a higher court to review a decision made in a completed trial or proceeding. Most legal disputes are initially decided by superior courts or certain administrative agencies. After a trial or proceeding is completed, if the losing party is dissatisfied with the outcome and believes an error was made that adversely affected the result, he or she may ask the trial court judge to overturn the decision or to order a new trial. If the judge denies the request, the losing party may file an appeal in the appropriate Court of Appeal.
What do the Courts of Appeal decide?
The Courts of Appeal decide questions of law, such as whether the superior court judge applied the law correctly in a case. The Courts of Appeal do not hear testimony or retry cases. An appeal from a superior court judgment is decided based on the record from the original trial or proceeding. Issues brought to a Court of Appeal for review commonly include claims such as an incorrect ruling on admissibility of evidence, incorrect application of a law or regulation, improper jury instructions, and insufficient evidence to support the verdict.
How does the Appeal Process work?
To begin the appeal process, a written notice of appeal is filed with the clerk of the court in which the proceeding took place. In criminal and juvenile cases, transcripts of the underlying proceedings are automatically prepared. All parties are notified once the record on appeal has been filed with the Court of Appeal.
From the date the record was filed, the appellant has a specified period of time within which to file an appellant's opening brief, depending on the type of case. A "brief" is a written argument that a Los Angeles County criminal appeals attorney prepares for the court. It details the issues raised by the appellant, including challenges to superior court rulings or findings, and refers to applicable statutes (laws) and previous case decisions to support their position. The respondent is then given an opportunity to file a brief in response and then the appellant may file a reply brief.
Once the briefs have been filed the case is randomly assigned to a panel of justices. An oral argument is scheduled and the justices review the briefs and a memorandum that have been prepared concerning the appeal. Oral argument gives the justices the opportunity to ask the attorney concerning the issues raised.
After the panel of justices has heard oral argument, a member of the panel prepares and files an opinion, which is a written statement of the court's decision.
Decisions of the Courts of Appeal are subject to discretionary review by the California Supreme Court as well as to review in the United States Supreme Court for decisions based on the U.S. Constitution and federal Statutes.
What is a Writ?
The most common request for a review of a decision is called an appeal. However, occasionally a party can ask the Courts of Appeal to issue an order called a writ. If granted, the lower court can be required to modify one of its orders. A writ petition has strict filing parameters and as we discussed above any appeal must be filed as soon as possible.
What is an Expungement?
Under section 1203.4 of the California Penal Code, a convicted defendant "may be reinstated as a law-abiding member of society" if he or she complies with the requirements of his or her probation and he or she is not currently serving a sentence or on probation for any other offense or charged with the commission of any other offense.
Section 1203.4, subdivision (a) reads in pertinent part:
"In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of probation . . . the defendant shall, at any time after the termination of the period of probation, . . . be permitted by the court to withdraw his or her plea of guilty . . . and enter a plea of not guilty; . . . and, . . . the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted . . . ."
Subdivision (b) of section 1203.4 provides:
"Subdivision (a) of this section does not apply to any misdemeanor which is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, or to any infraction."
Although section 1203.4 confers the benefit of expungement to a defendant who successfully fulfills the conditions of probation, the statute does not operate automatically. A defendant must petition the court for such expungement and show the successful completion of probation as long as he or she is not then serving a sentence or is on probation for any offense or charged with the commission of any offense.
An expungement may be filed one year after the date of sentence or after the completion of probation on a misdemeanor. The court will not grant an expungement on a felony conviction unless it is first reduced to a misdemeanor and only misdemeanors and certain felonies qualify for expungement! Takakjian, Sowers & Sitkoff LLP can file an expungement on your behalf.
If your case involves questions about a criminal appeal, administrative findings, an administrative decision, or expungement please contact one of our Los Angeles Criminal Appellate Attorneys immediately! We are here to help you. Please call us immediately at (888) 579-4844.
Please Click HERE for the Location of a Criminal Defense Lawyer Near You
