Criminal Appeals Lawyer in Los Angeles

The Criminal Appeals Process
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.  

When the record was filed, the appellant has a period of time in which to file an opening brief, depending on the type of case. A "brief" is a written argument that an attorney prepares for the court. This bried explains the issues raised by the appellant, including challenges to superior court rulings or findings, and refers to applicable 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.

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.

What is a Writ?
In Old English, writ means a letter which is often written by an attorney.

In most modern American jurisdictions, a "writ" is an order from a higher court to a lower court. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court.

Writ of habeas corpus
Defendants who want to challenge the legality of their imprisonment or want to challenge the conditions in which they are being imprisoned, may seek help from the court. They must file an application known as a "writ of habeas corpus.

A writ of habeas corpus is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. Many state constitutions provide for writs of habeas corpus, as does the United States Constitution that specifically forbids the government from suspending writ proceedings except in extraordinary times such as war. 

Potential Post-conviction Remedies
As discussed in this article, convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. The following list illustrates these steps. A defendant who loses at one may go on to the next step, all the way down the list (up the legal chain) in a process that can take many years -- especially for serious felonies such as death penalty cases.

This list is merely an illustration of possible post-conviction proceedings -- some of which may only be used in certain cases. Also, defendants usually must first have unsuccessfully sought relief through the available state remedies before they will be allowed to seek relief in federal courts. For these reasons and because of the complexities of these proceedings and what is at stake (liberty or life), defendants should consult counsel to determine which remedies are available to them.

Motion for Acquittal.
A request that the judge decide that there is not enough evidence to convict the defendant. Depending on whether the trial is before a judge or jury and depending on court rules, this motion may be made either after the prosecution presents its evidence or after all the evidence is presented.

Motion for a New Trial
Request that trial judge declare a mistrial and grant a new trial.

Appeal to State Appellate Court
Contends that trial judge made some legal error.

Federal Habeas Corpus Petition to District Court
Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.

Appeal of Federal Habeas Corpus Petition to Circuit Court
Requests the mid-level federal court to review the federal trial court's decision denying the writ.

Appeal of Federal Habeas Corpus Petition to U.S. Supreme Court
Requests the highest court in the land to review the mid-level federal court's decision denying the writ.

Petition for Rehearing to State Appeals Court
Requests that appeals court judges change their own decision.

State Supreme Court Appeal
Requests that highest court in the state review and overturn the decision of the mid-level appeals court.

U.S. Supreme Court Appeal
Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.

State Court Habeas Corpus Petitions
Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.