Criminal Appeals, and
specialized legal Writs, are areas of practice for our firm. Once a
conviction has occurred, a number of legal errors may have
occurred, and therefore can be attacked in the Appellate Courts.
A successful appeal
can mean the suppression of evidence, a reduction in
sentence or other penalties, or the granting of a new trial.
Appeals are based upon the "record" in the case as it occurred in
the trial court, and (usually) no new evidence is presented to the
Appellate Justices. Appeals tend to be technical and time consuming,
but can reap great rewards for those erroneously convicted.
California law allows
the setting of bail while an appeal is pending, so a person facing
incarceration may be free while the appeal is heard.
Our office practices
in the area of DMV Writs, and has recently litigated them in Orange,
Los Angeles and San Bernardino Counties. Two writs we have won were
recently appealed by the DMV to the 4th Appellate District, both
resulting in published opinions; Baker v. DMV (2000) 81
Cal.App. 4th 1167, (we lost, and the California Supreme Court denied
our application for review), as we fought for our client's right to
drive. We won the other in a ruling regarding admissibility
of a blood test result, Jacobson V. DMV (2000) 83
Cal.App.4th 1331.
For very complex
cases, we have associates who are full time appellate lawyers who
work with us on the case.
A conviction in the
trial court does not always mean the case is over.