Last Updated on December 26, 2020 by Swati Brijwasi
An appeals lawyer Los Angeles will handle all cases dealing with a post-conviction relief. The appeals process in this part of the court system is referred to as post-conviction relief. People who are accused of a crime but do not have sufficient money to hire an attorney may turn to an appeals lawyer for help. Such people are usually low on funds and they cannot afford to hire an attorney for the preliminary proceedings and may decide to represent themselves at the preliminary hearing before a judge. Only a knowledgeable California appeals lawyer will be able to help them in the final stages before the trial. Only the best appeals lawyer Los Angeles will know how to best present their client’s case so that it is able to get the post-conviction relief that it needs.
There are different ways by which an appeal can be submitted to the California Supreme Court or the California Superior Court. These include a petition, a certificate of appeal, a complaint and answer, an alternative application, a supplemental report, an oral argument, and a writ of mandate. Each of these means that there are different reasons that a client may submit an appeal. The California Supreme Court or the California Superior Court has the responsibility to hear all petitions that have been submitted by clients seeking post-conviction relief. The court may either deny the petition or hearing the case may be scheduled.
The next phase is referred to as the post-conviction relief. There are two types of appeals that a client may submit to the California Supreme Court or the California Superior Court. The first is called an adversarial appeal. In this type of appeal the client is the defendant or the person against whom the appeal is being filed. The other type is called an Innocence appeal. In an Innocence appeal, the client does not represent herself but instead the state government or the police department is the defendant.
There are three distinct ways in which an attorney appeals a criminal conviction in Los Angeles. The first is called a collateral appeal. In this instance an attorney files a request to the trial court to reduce the sentence or to drop the charges. This request is filed with the court and requests that the trial court take into consideration any mitigating circumstances that exist that would result in a reduced sentence or dismissal of the charges. An example of a collateral appeal would be if an individual was found innocent after the arrest and the charges were dropped. The individual’s attorney would file a motion in the trial court to have the charges dismissed because of the lack of probable cause to arrest and charge the individual.
The second way in which an individual may seek post-conviction relief is referred to as a direct appeal. In a direct appeal the criminal appeals lawyer files a petition to the trial court to have the case dismissed for improper venue, evidence or lack of subject matter jurisdiction. A direct appeal must be made within three years of the date of the verdict. Once the appeal is filed in the appropriate county or state courts the individual can expect a reply from the trial court regarding their complaint.
The final method of seeking relief from a criminal conviction in Los Angeles is called an interlocutory appeal. An interlocutory appeal is filed by the criminal appeals lawyer after the conclusion of the penalty phase of the trial. At this point in the case the jury has reached a deadlock and there is no further potential resolution to the defendant’s claim of guilt. With this type of motion the criminal appeals lawyer will petition the state or federal courts for a writ of mandamus or quo warranto to the trial court ordering the state or federal courts to conduct a further investigation into the case.