Kestenbaum,Eisner & Gorin, LLP - Los Angeles Criminal Defense Attorneys
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Los Angeles Criminal Appeal Attorney

Lawyers to Appeal Your California Felony Conviction

What is a criminal appeal? A criminal appeal is a legal process when a lower court decision is reviewed by a higher court. It is a legal argument presented to a higher court, such as California Supreme Court or Federal Circuit Court of Appeals, to determine if the lower court made an error in their interpretation of the law. The higher court can also determine if the judgment of the lower court was proper based on the trial evidence. In most cases, no new evidence is admitted to the court unless there are exceptional legal circumstances.

If you or a member of your family has been convicted of a felony crime in California in the last 60 days, we can help. Our criminal defense law firm can appeal your conviction to the Court of Appeal. In some cases, your verdict could be reversed by pursuing a California state or federal criminal appeal with the assistance of an experienced California appellate attorney at Kestenbaum, Eisner & Gorin. Wrongful convictions can occur due to common mistakes made during the process of your legal defense.

Why File an Appeal?

Criminal appeals can be filed by defendants who were convicted of a felony offense and believe mistakes or errors were made during their trail that lead to their conviction. Errors during a trail can be made in many different ways and are usually unintentional. Some potential errors or mistakes include:

  • The court may have allowed evidence that should not have been legally presented to the jury.
  • The court wrongly excluded defense evidence that should have been presented to the jury.
  • Prosecutor made unintentional legal errors or actually engaged in intentional misconduct.
  • Defense attorney made mistakes which deprived a defendant of the effective assistance of counsel.
  • The judge made legal errors or confused the jury with his instructions concerning the case.
  • The sentence by the judge was inappropriate for the crime.

If you believe you have the legal grounds to appeal a recent felony you should exercise your right to an appeal. However, it is very important that you file your Notice to Appeal as soon as possible. In most cases, the appeal must be filed in court within 60 days of the date your were sentenced under California Rules of Court, Rule 8.308.

Petition for Writ of Habeas Corpus

A Petition for Writ of Habeas Corpus legally challenges an individuals custody and requests that a Writ of Habeas Corpus issue to correct a constitutional violation and release them from jail. Different from an appeal, a Petition for Writ of Habeas Corpus is normally based on evidence that was not introduced or presented at trial. A habeas petition is legally appropriate if the prosecution withheld evidence (Brady Material) that would have been advantageous in your case. It would also be appropriate if you were denied the effective assistance of counsel. For example, if you criminal defense trial lawyer did not conduct a proper or adequate investigation, obtain expert witnesses, did not object to inadmissible evidence, or did not adequately advise a defendant of the legal consequences of a no contest or guilty plea. There are some cases where both an appeal and Habeas Corpus Petition need to be filed. For example, in cases where legal errors occurred at trial and need to be corrected or when errors that should have been in the court record were omitted.

Contact a California Criminal Appeal Lawyer

If you believe you have the legal grounds to appeal a recent conviction, you should consult with an experienced appeals attorney to represent you in court. Our law firm will file a notice of appeal on your behalf within the required time frame under California law.

If you have been charged, convicted and sentenced for a crime, knowing you may be able to legally appeal your conviction and give you another chance at achieving justice. During the appeal process, if legal errors are found, your sentence could be dismissed, reduced or have a new trial to correct the errors in the first trial. However, proving your innocence can be difficult. Therefore, retaining the right lawyer who has extensive experience in handling criminal appeals is critical to your case. The California criminal appeal process is a complex and specialized legal process. Our appellate attorneys will aggressively fight your conviction during the criminal appeals process to get the best possible outcome.

Call our office for a free case evaluation to learn how we can help you. We represent clients in Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County, and throughout the State of California.