Writs and Appeals Lawyers in Los Angeles
If You Were Convicted of a Crime, We May Be Able to Help Overturn It
When you are on trial and the jury returns a guilty verdict, it doesn’t mean you are without options to rectify it. 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 attorneys at Werksman Jackson & Quinn LLP have a proven track record when it comes to handling appellate matters. Kelly Quinn is recognized by the California State Bar as a Certified Appeals Specialist. Call us today at (213) 688-0460 to learn more.
What Is the Appeals Process?
The moment your trial ends, the appeals process begins. Any defendant who has been convicted of a crime must act quickly to successfully challenge a guilty verdict. A notice of appeal must be filed immediately following a conviction to alert the court clerk they must prepare the transcripts for review by the lawyers and higher courts. A failure to file a notice of appeal in a timely manner means the defendant may be unable to file an appeal at all.
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.
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.
For example, a writ of habeas corpus is used by a person to contest unlawful detention or imprisonment and request that the court determine whether the detention is lawful.
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.
Other Remedies After a Conviction
In addition to appeals and writs, California residents have other legal remedies at their disposal following a conviction. For example, Proposition 47 allows a person who has been convicted of certain drug or theft crimes to petition the trial court to have a felony conviction reduced to a misdemeanor.
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. Contact our Los Angeles office today at (213) 688-0460 to schedule a free evaluation.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.