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

Appeal Your State or Federal Sex Crime Conviction in California

Any conviction for a sex crime can be appealed. Even if you entered a “guilty” or “no contest” plea, the conviction can still be appealed in certain situations.

Misdemeanor Convictions

In misdemeanor cases, you have 30 days from the day that you were sentenced to let the court know you want to appeal his case. In felony cases, you have 60 days from the day that you were sentenced to notify the court. Therefore, if you are interested in appealing a case, it is recommended that you speak to a criminal lawyer who handles appeals as soon as possible. In misdemeanor cases, the process is similar to the process for felonies except that the appeal process starts in the Appellate Division of the Superior Court before going to the Court of Appeal.

Felony Convictions

In felony cases, once the notice of appeal has been filed, the Court of Appeal will set a deadline for you or your attorney to file the Opening Brief explaining all of the reasons the verdict in the case was improper. The California Attorney General’s Office, which handles felony appeals in California for the prosecution, then has an opportunity to submit a Responding Brief. Finally, you or your attorney may file a Reply Brief addressing all of the Attorney General’s arguments. After all of the paperwork has been submitted, the Court of Appeal sets a date for Oral Argument. Finally, after the lawyers have argued in front of the Court of Appeal, the Court of Appeal will make its decision about your case.

Appealing to the California Supreme Court

If you are unhappy with the Court of Appeal’s decision, you may appeal your case again to the California Supreme Court, and in some cases, to the Federal Courts. It can only be appealed to the Federal courts if there are issues involving federal laws, such as the United States Constitution. A good appellate attorney knows how to find Federal Constitutional issues in every case.

Information About the Appeal Process

The process for an appeal can take a long time, from months to years. Common issues that are raised in appeals for sex crime offenses are the ineffectiveness of the defense attorney at trial, insufficient evidence to support the conviction, improper jury instructions, improper rulings made by the Court about what evidence was and was not allowed at trial, and improper witness testimony. In addition to appealing what happened at trial, you can also argue on appeal that even if the verdict was appropriate, the sentence was improper.

Registrable Sexual Related Offenses

The type of sex crime convictions that are registrable in the State of California include: rape, kidnapping to commit rape, assault to commit rape, rape by force or fear, rape of a drugged victim, sexual battery, entice minor for prostitution, pandering where prostitute is under 16, sodomy, lewd and lascivious conduct, oral copulation with a minor, sexual penetration with a foreign object, possession of obscene material, indecent exposure, child molestation, child pornography, lewd conduct, among many others. For a full list of registrable sexual offenses, please visit the Megan's Law website.

Contact an Experienced Los Angeles Appeal Attorney

The rules and procedures related to appeals and a habeas corpus petition in California are very complex. Therefore, you need to retain a criminal defense lawyer who is very familiar with this area of law, or you could compromise your ability to get your conviction overturned.

The appeals process can be lengthy and expensive. Therefore, before we begin this process, our law firm will conduct an extensive appeal case evaluation. In this evaluation, we will thoroughly review the court legal proceedings and discovery to determine the best possible legal strategy for your sexual related conviction. After we complete our review, we will provide you with your legal options to proceed.

At Eisner Gorin LLP, our appeal lawyers have decades of experience and a track record of success. We handle appeals for sex crime convictions in Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County, and throughout the State of California. Call our office to discuss the details of your case and to learn how we can help you.