Judges and jurors are only human. As such, they make mistakes just like the rest of us. Still, when a judge or jury makes a mistake, it can have enormous consequences for the defendant. Fortunately, in these cases, the defendant does not have to accept an unfair legal outcome. They have the right to file an appeal to have their case overturned.

If you feel that legal errors led to your unfair verdict or harsher sentence, we strongly recommend contacting a Los Angeles appeals lawyer. This process is nothing like a case on trial. An appellate lawyer needs a unique skill set to succeed in court.

Our criminal defense attorneys at the Law Offices of Scott Henry have the vast knowledge and experience necessary to put your case on appeal and are committed to fighting tirelessly to obtain the resolution you deserve.

What is the Appeals Process?

In criminal cases, a Los Angeles lawyer must file a notice of appeal within 60 days of an adverse judgment. The clerks then prepare all of the documents and transcripts from the original case for the appellate court and lawyers. The attorney for the appellant carefully reviews these documents, looking for errors that would serve as grounds for an appeal. If errors are found, the attorney may create briefs identifying the mistakes and submit them to the court. The respondent, or prosecutor in the original case, then responds to the appellant’s briefs and defend the original case’s outcome. Both sides then present oral arguments to the court, and the court makes a decision within 90 days.

Winning an appeal does not mean the case is over. It simply means that the appellate court is reversing the original court’s decision and the case will be sent back to the original court. The prosecutor has the option of appealing the court’s decision, retrying the case, offering a deal, or dismissing the charges completely.

Common Grounds for an Appeal

Legal errors at trial are often made unintentionally, but they can significantly impact the outcome of your case. Some examples of common grounds for an appeal include:

  • The court excluded important evidence the defense wished to present at trial
  • Evidence that should have been excluded was allowed
  • The jury received incorrect or confusing instructions
  • Misconduct on the part of a jury member
  • Misconduct on the part of the prosecution
  • Ineffective assistance of counsel
  • The defendant’s constitutional rights were violated during the criminal process
  • The sentence the defendant received was not appropriate for the crime

A lawyer in Los Angeles could determine if someone is eligible for the appeals process based on the circumstances of their case.

What is a Writ of Habeas Corpus?

A writ of habeas corpus is a legal petition by an imprisoned or detained inmate in which the individual challenges his or her conviction or sentence. This petition is brought before a judge in criminal cases as one of the person’s last options to have their verdict or sentence overturned or modified. To file a writ of habeas corpus, the person must meet three legal requirements:

  1. The petitioner must be in custody.
  2. The petitioner must have exhausted all other remedies, such as an appeal.
  3. The issue raised in the petition must be one that was not already resolved on appeal.

If the court grants a petition, it will order that the government releases the petitioner, reduces the petitioner’s charges, or modifies their sentence.

Contact a Los Angeles Appeals Attorney

If you have been convicted of a crime, you still have legal avenues available to get the outcome you deserve. You can benefit greatly by having an experienced and aggressive Los Angeles appeals lawyer on your side. We have been handling criminal appeals for over four decades combined and have achieved an astounding level of success. If you feel you received an unfair legal outcome in your case, contact the Law Offices of Scott Henry today for a free consultation. We know all too well that it is not uncommon for legal mistakes to be made, denying defendants a fair and just outcome. That is why we are aggressive and diligent in our pursuit of winning your appeal and restoring your freedom and future.

Our Locations
Attorney Scott Henry: Criminal & DUI Defense