Navigating Appeals in Los Angeles County: What You Need to Know

What Is an Appeal?

An appeal is a request for a higher court to review your case for legal or procedural errors that may have occurred in the trial court. It is not a new trial and generally does not include new witnesses or evidence. Instead, appellate judges review the record of what already happened to determine whether the law was applied correctly.

California Appeal Deadlines (Criminal)

Deadlines are strict. Missing them can end your right to appeal. Always confirm with counsel as timelines can vary by case type and order.

• Felony convictions: Notice of Appeal is typically due within 60 days after judgment or the order you’re appealing.
• Misdemeanor convictions: Notice of Appeal is typically due within 30 days after judgment or the order you’re appealing.

These are general rules and exceptions exist. Speak with an attorney immediately to protect your rights.

How the Appellate Process Works

1) File the Notice of Appeal

This short filing preserves your right to appeal. It must be filed on time with the trial court. Your attorney will identify the issues and ensure the notice is properly completed.

2) Prepare the Record on Appeal

The “record” includes trial transcripts, exhibits, and relevant documents. Accuracy matters: the appellate court decides the case from this record.

3) Written Briefing

Your attorney submits an Opening Brief explaining the errors and legal arguments for reversal or modification. The prosecution files a Respondent’s Brief, and your lawyer may reply.

4) Oral Argument (if scheduled)

Counsel may appear before a panel of appellate judges to answer questions and emphasize the most important points in your case.

5) Decision

The appellate court issues a written opinion affirming, reversing, or remanding the case for further proceedings in the trial court.

Common Grounds for Appeal

• Improper admission or exclusion of evidence that affected the verdict.
• Errors in jury instructions that misstated the law or misled the jury.
• Prosecutorial or judicial error that prejudiced the defense.
• Ineffective assistance of counsel that undermined the fairness of the trial.
• Insufficient evidence to support one or more convictions.
• Constitutional violations, such as unlawful searches or violations of the right to counsel.

Possible Outcomes

• Affirmed: The conviction or sentence stands.
• Reversed: The conviction is overturned.
• Remanded: The case returns to the trial court for a new trial, resentencing, or further proceedings.
• Modified: The appellate court adjusts the judgment or sentence without a full retrial.

How to Prepare for an Appeal

• Act quickly: Contact an appellate lawyer immediately to protect filing deadlines.
• Gather documents: Sentencing orders, minute orders, motions, and any attorney correspondence.
• Clarify objectives: Identify whether you seek reversal, resentencing, or a new trial.
• Maintain confidentiality: Avoid discussing your case publicly or on social media.

Choosing the Right Appellate Attorney

Look for deep experience in criminal appeals, clear communication, and a disciplined approach to research and writing. William Hovsepyan has handled thousands of hearings and trials and brings meticulous review, persuasive briefing, and focused oral advocacy to appellate matters throughout Los Angeles County.

• Extensive experience with complex felony and misdemeanor records
• Detail-oriented review of transcripts and trial motions
• Strategic identification of reversible error
• Accessible communication at every step

Quick FAQs

Is an appeal a new trial?

No. Appeals review the trial record for legal errors; they rarely involve new evidence or witnesses.

How long does an appeal take?

Timelines vary based on record size, briefing schedules, and court calendars. Your attorney can estimate based on your case.

Can I be released during the appeal?

In some cases, defendants may seek bail pending appeal. Eligibility depends on the conviction and other factors.

What if I missed the deadline?

Options are limited once a deadline passes, but speak with counsel immediately to review whether any exceptions might apply.