Los Angeles Writs and Appeals Lawyers

If You Were Convicted of a Crime, We May Be Able to Help Overturn It

When facing trial, your worst nightmare may be the jury coming back with a guilty verdict. However, a conviction is not always final. Trials are complicated affairs, and any one of a thousand things can be done incorrectly by the prosecution. Thankfully, here in the United States, the appellate court is in place to correct mistakes and overturn faulty legal decisions.

If you or a loved one received a guilty verdict, you need a legal team with deep experience in successfully pursuing writs and appeals. The Los Angeles defense attorneys at Werksman Jackson & Quinn LLP have a proven track record when it comes to handling appellate matters. In fact, Kelly Quinn is recognized by the California State Bar as a Certified Appeals Specialist. Contact us today by calling (213) 688-0460 to learn more.

Are You in Need of a Writs and Appeals Lawyer in Los Angeles?

If you or a loved one has been convicted of a crime in California or federal court, you may have the right to challenge that outcome through the appellate process.

Appealing requires identifying legal or procedural errors that occurred during the trial or plea process, errors that affected the outcome and justify reversing the conviction, modifying the sentence, or ordering a new trial.

It’s important to find an appellate attorney who understands:

• What errors rise to the level of “reversible” error
• How to craft persuasive written briefs for appellate justices
• When to pursue direct appeals vs. writs
• How to preserve and present issues from the trial record
• How to navigate state and federal appellate courts

Why Choose Us Over Other Writs and Appeals Lawyers in Los Angeles

Appeals and writs are highly specialized legal matters and success depends on a deep understanding of appellate procedure.

Here’s why clients, families, and fellow attorneys trust Werksman Jackson & Quinn LLP:

• Partner Kelly Quinn is a Certified Specialist in Criminal Law and handles complex writs, appeals, and post-conviction matters with precision and depth.
• Our legal team is trusted by high-profile clients, professionals, and public figures whose reputations and futures depend on experienced appellate representation.
• We’ve argued before the California Courts of Appeal and the California Supreme Court, as well as federal appellate courts.
• We have the trial record experience necessary to identify the strongest appellate issues, something many appellate-only firms lack.
• Recognized by Super Lawyers, Martindale-Hubbell, and other top legal rankings for excellence in criminal defense and appellate litigation.
• Known for results-driven advocacy, whether seeking a reversal, sentence modification, or full exoneration.

Wrongfully Convicted or Unfairly Sentenced?

Our appellate team is ready to fight for your second chance. Call Werksman Jackson & Quinn LLP today: (213) 688-0460

What Is the Appeals Process?

An appeal is defined as the process of requesting that a higher court examine the decision of a trial court after a legal ruling, with hope of reversal. A major part of this process involves filing a brief with the appeals court that explains the legal cause for overturning the ruling. It is important to know that no new evidence is considered during the appeal. The argument may only show that there was some misapplication of the law during the original trial that led to the flawed verdict.

Can Someone Appeal Because Their Attorney Made Mistakes?

If your trial attorney’s performance fell below the standard expected of a competent lawyer and that failure affected the outcome of your case, you may have grounds for appeal or post-conviction relief under a claim of ineffective assistance of counsel.

Common examples include:

• Failing to object to inadmissible evidence
• Failing to call critical witnesses
• Advising a client to accept a plea deal without explaining the consequences
• Failing to file timely motions or preserve appealable issues

These claims are often raised through a petition for writ of habeas corpus, especially if they involve facts outside the trial record. Our appellate team has experience litigating both direct appeals and writs involving attorney misconduct or negligence.

When Are Appeals Filed?

In California, a notice of appeal is typically filed:

• Within 60 days of the final judgment in a felony case
• Within 30 days in misdemeanor cases

Once the notice is filed:

• The trial court prepares the record on appeal
• The appellant (your attorney) files an opening brief
• The government responds
• The appellant may file a reply brief
• Oral argument may be scheduled before a panel of appellate judges
• The court issues its decision, which may affirm, reverse, or remand the case

Strict timelines and procedural rules apply throughout the process. An experienced appellate attorney ensures compliance at every stage while crafting persuasive arguments tailored to the court.

Does an Appeal Mean a New Trial?

An appeal is not a retrial. The appellate court does not hear new evidence, call witnesses, or reconsider facts. Instead, it reviews the existing trial record to determine whether legal or procedural errors occurred that justify reversing or modifying the trial court’s decision.

If the appellate court finds that a serious error occurred, it may:

• Reverse the conviction
• Order a new trial
• Modify the sentence
• Remand the case to the trial court for correction

When Is an Appeal Legitimate?

Appealing to have your case reviewed is standard practice. However, just because an appeal is standard does not mean that your appeal will immediately be considered legitimate or accepted for review. There are a few circumstances in which an appeal would be considered legitimate by a higher court. Showing that your appeal falls into one of these categories is paramount.

Improper use of evidence: This could mean that the prosecution excluded important evidence that could have shown your innocence, or that evidence that should not have been included was used as part of your conviction. For example, if you were not read your Miranda Rights before your interrogation, any confession that came as a result could not be used against you. If the evidence was used anyway, then it would be grounds for an appeal.

Insufficient evidence: One of the greatest things about America is the fact that people facing prosecution are judged by a jury of their peers. However, the jury is made up of normal people, meaning their own biases can cloud their judgment. At times, there is clearly not enough evidence for a conviction, but juries still choose to move forward with the conviction anyway. If the evidence is truly insufficient, then you can send in an appeal.

Ineffective assistance of counsel: It is an unfortunate fact that lawyers can make mistakes. Perhaps you hired or were assigned a public defender who was incompetent or committed a serious legal error. However, the appellate court will assume that your lawyer acted acceptably, so you must be able to show that his work fell below a reasonable standard and that that failure resulted in actual prejudice.

Prosecution misconduct: Prosecutors are determined to prove guilt and may go to dishonest lengths to do so. If a prosecutor committed misconduct and the judge did not stop him and instruct the jury to discount the dishonest or improper act, then it is grounds for an appeal. Misconduct can include acts such as including inadmissible evidence, purposefully misstating the law or evidence, or directly appealing to the judge’s prejudices, passions, or biases.

Jury misconduct: Juries are expected to behave in a certain manner. Being on a jury is a right and should be treated as such. However, jurors are people, and people can act in dishonest ways. Examples of jury misconduct can include refusing to deliberate, conducting their own investigation outside of the trial, taking bribes in return for positive or negative verdicts, or a juror purposefully concealing relevant information that impact the jury’s ability to remain impartial.

Sentencing errors: While the jury decides on the verdict, it is the judge who decides the penalties. Judges must act within certain guidelines when it comes to handing out penalties. If the judge gives an inappropriate sentence or does not voice the reasons behind the punishment, then it could be considered a sentencing error.

If Something Went Wrong in Your Trial, We’ll Find It

Call (213) 688-0460 and take the first step toward appeal. Our legal team digs deep into the record to expose legal errors and fight for justice.

What Is a Writ?

Similar to appeals, writs are legal mechanisms that allow a higher court to review a legal issue. A writ is defined as a formal written order, which can be used to request a review of the issue. What sets a writ apart from an appeal is how fast the process goes and the urgency of the matter. An appeal can take upward of a year to reach a final decision, since the appellate court is busy. However, a writ requires a decision to be made faster. In extreme cases, a writ could be resolved in as little as a few hours.

For example, a writ of mandamus is an order from a court to an inferior government official ordering that official to fulfill their official duties or correct an abuse of discretion. This would be used when the judge in the original case acted in a faulty manner.

It's possible for a defendant to file a writ to contest issues they would otherwise be unable to raise during an appeal. For example, when an attorney has failed to investigate a plausible defense or there is newly discovered evidence. Determining whether your case warrants a writ or an appeal can be difficult. The appellate court does not appreciate improperly made claims, as that takes time away from their other cases. A skilled attorney can help you choose the right one.

What is a Writ of Habeas Corpus?

A writ of habeas corpus is a post-conviction legal tool used to challenge unlawful imprisonment when issues exist outside the trial record. It’s different from a direct appeal because it can raise new evidence or claims not addressed at trial.

Common grounds for habeas relief include:

• Ineffective assistance of counsel
• Prosecutorial misconduct
• Discovery of new evidence
• Mental incompetence
• Due process violations

Writs are especially powerful when other legal avenues have failed, and they may lead to reversed convictions, sentence reductions, or even full exoneration.

At Werksman Jackson & Quinn LLP, we handle both state and federal habeas petitions, and we know how to prepare compelling arguments rooted in constitutional law and procedural fairness.

What People Are Saying About Us

Highly recommend!!! -Anonymous (5-Star Avvo Review)

Best attorney to help with my case! He will fight for you all the way. I trusted him with my case and his team to assist me. Will go above and beyond to win and defend you. Highly recommend!!!

I would trust them with my life -JoAnn G. (5-Star Yelp Review)

They're amazing with integrity and accessibility. They truly saved the life of someone I know. I recommend them beyond all. I would trust them with my life.

Case Results

Case 1

Kelly Quinn and another attorney filed an appeal in the Court of Appeals of California, Second District, on behalf of a defendant who was convicted of two counts of committing a lewd and lascivious act on a 15-year-old girl. Mark and Kelly argued that the decision must be reversed because the jury convicted their client based on charges not established at the preliminary hearing. The Court of Appeals agreed and overturned the conviction.

Case 2

A Werksman Jackson & Quinn LLP attorney and his team handled the case of John Doe, a student at the University of California, Santa Barbara, who in 2016 was accused of stalking and harassing a fellow student in a faulty Title IX investigation. Though the Santa Barbara Sheriff’s Department yielded no evidence that John Doe was to blame, the accuser filed a Title IX complaint against him. UC Santa Barbara’s Title IX investigator decided it was “more likely than not” that the accuser’s complaint was true. The college expelled John Doe when he was one semester shy of completing his degree. He appealed the decision to UC Santa Barbara’s Interpersonal Violence Appeal Review Committee, which denied his appeal. He then filed a complaint in Santa Barbara Superior Court, arguing that the Title IX decision was not supported by the evidence. In January 2018, the superior court judge entered a judgment in favor of John Doe, requiring UC Santa Barbara to hold a new hearing. The court also found there was a chance the investigator was not unbiased. However, the university failed to comply, and the Regents of UC Santa Barbara were found in contempt of court for violating the order. The court ordered John Doe be reinstated into the university.

Speak With a Trusted Criminal Defense Attorney in Los Angeles

At Werksman Jackson & Quinn LLP, we understand appeals, and we have the resources to guide our clients through every step of the process. When you hire us, you aren’t hiring one lawyer, but a team of the top criminal defense attorneys in Southern California.

Call (213) 688-0460 to learn more today.

Writ and Appeal FAQs

What is the difference between a writ and an appeal?

An appeal is a direct challenge to a trial court’s final decision, based on errors in the trial record (e.g., incorrect rulings or legal mistakes). A writ, such as a writ of habeas corpus, is used to challenge unlawful detention or to raise issues outside the trial record, such as newly discovered evidence or ineffective assistance of counsel. Appeals are common after trial; writs are used when other options are exhausted or unavailable.

How long do I have to file an appeal in California?

You must file a notice of appeal within 60 days of the judgment or sentencing in a felony case, and within 30 days in a misdemeanor case. Missing this deadline can prevent you from appealing entirely. Time is critical; speak with a qualified appellate attorney as soon as possible.

What are common reasons for filing an appeal?

You may have grounds to appeal if there were:

• Improper jury instructions
• Evidentiary errors
• Prosecutorial misconduct
• Sentencing errors
• Insufficient evidence to support the verdict
• Violations of your constitutional rights

Will I get a new trial if I win my appeal?

Not always. If your appeal is successful, the appellate court may:

• Reverse the conviction
• Order a new trial
• Modify the sentence
• Send the case back to the trial court for further proceedings

Whether you receive a new trial depends on the nature of the error and the court’s ruling.

Meet Our Attorneys

Mark J. Werksman

Mark J. Werksman is one of California’s most respected and accomplished criminal defense attorneys. As the founding partner of Werksman Jackson & Quinn LLP, he has earned a reputation for providing powerful, strategic, and unrelenting representation in the most serious and complex criminal cases in both state and federal courts.

With nearly four decades of experience, Mark has defended individuals and corporations facing charges ranging from white collar crimes, sex offenses, and violent felonies to federal conspiracy, drug trafficking, and high-profile investigations. His clients include professionals, executives, and public figures whose careers and reputations depend on exceptional legal representation.

Alan Jackson

Alan Jackson is a nationally recognized trial lawyer and partner at Werksman Jackson & Quinn LLP, where he defends individuals facing the most serious criminal charges in California and federal courts. With a reputation built on more than 80 jury trials to verdict, Alan is known for his precision, presence, and results in high-stakes, high-profile criminal cases.

Before entering private practice, Alan served as Assistant Head Deputy of the Major Crimes Division at the Los Angeles County District Attorney’s Office, where he prosecuted some of the most complex and closely watched cases in the state.

Kelly Quinn

Kelly Quinn is a partner at Werksman Jackson & Quinn LLP and one of California’s leading criminal appellate and post-conviction attorneys. As a Certified Specialist in Criminal Law by the State Bar of California Board of Legal Specialization, she brings a rare depth of expertise to complex writs, appeals, and criminal litigation in both state and federal courts.

Kelly’s practice focuses on challenging wrongful convictions, litigating appellate issues, and developing post-conviction strategies for clients facing the most serious criminal charges. Known for her meticulous research, sharp legal analysis, and persuasive written advocacy, she has successfully argued before the California Courts of Appeal and the California Supreme Court, securing critical victories that have reshaped criminal law across the state.

Kelly is often called upon to correct errors made during trial, including cases involving ineffective counsel, prosecutorial misconduct, and violations of constitutional rights. Her mastery of complex legal issues and appellate advocacy makes her an indispensable member of the firm’s criminal defense team and a trusted advocate for those seeking a second chance.

Additional Information

• How to Navigate California’s Criminal Appeals Process
• What’s The Difference Between a Writ and an Appeal?