Appeal deadlines are short and strictly enforced. If you just received a judgment or order you believe is wrong, call our office right away. Se habla español.
Appeals and Writs in California
A conviction, sentence, or court order is not always the final word. An appeal asks a higher court to review what happened in the trial court and correct legal errors. A writ asks a higher court to step in when an appeal is not available or would come too late. Tony Carlos handles appeals and writs arising from criminal cases, restraining order cases, immigration cases, and DMV license suspensions.
Appeals We Handle
Criminal Appeals
We handle appeals in misdemeanor and felony cases, whether the case ended in a trial or a plea.
- After a trial - Errors in how the trial was conducted and how the jury was instructed
- Sentencing errors - Sentences or conditions that the law does not allow
- Post-judgment orders - Rulings made after the case ended
Writs
Some rulings cannot wait for an appeal, and some problems never appear in the court record. A writ petition asks a higher court to step in on those issues.
Restraining Order Appeals
Restraining orders can affect your housing, your job, your firearms, and your time with your children. If you believe an order against you was wrong, we can review it and explain whether an appeal makes sense.
Immigration Appeals
If an immigration judge or the Board of Immigration Appeals ruled against you, we can review the decision and help you seek further review.
DMV Suspension Writs
If the DMV upholds your license suspension after a hearing, we can ask the Superior Court to review the decision. Contact us as soon as you receive the DMV's decision.
The Appeal Process
1. File the Notice of Appeal
We file the notice of appeal to protect your right to review.
2. Assemble the Record
The court prepares the transcripts and documents from your case.
3. Review the Record
We read the full record to identify every legal issue worth raising and give you an honest assessment.
4. Write the Opening Brief
We write the opening brief explaining the errors and why the result should change.
5. Reply and Argument
After the other side responds, we file a reply and present argument when it helps your case.
6. Decision
The court issues its decision, and we explain what it means and what options remain.
Frequently Asked Questions
Is an appeal a new trial?
Generally no. An appeal looks at what already happened in the trial court rather than hearing the case again. We can explain which kind of review fits your situation.
Do I need to have hired you for my trial?
No. Many clients come to us after another attorney handled their case. A fresh set of eyes on the record is often an advantage on appeal.
What happens if I miss the deadline?
Missing a deadline can end your right to appeal. Call us right away, even if you think the deadline may have passed.
