Legal Blog

In September 2018, the Governor of California signed legislation that reformed the state’s approach to accomplice liability in felony murder cases. Significantly, CA Senate Bill (SB) 1437 will have a retroactive effect.

Under SB 1437, people convicted under the old felony murder law can apply to have their sentences reduced. If you or a loved one has been convicted of murder for their role in a felony that resulted in someone’s death, it is likely that these reforms apply to you.

If you have questions about how CA SB 1437 might apply to your or a loved one’s case, call Spolin Law P.C. right away. To schedule a free consultation, contact us today at (310) 424-5816.

California Changed the Old Felony Murder Law

Before CA SB 1437 went into effect, you could be convicted of felony murder if you committed, aided, or abetted to commit a felony, and any person died as a result. It would not matter if you did not actually kill the victim, or even if the death was accidental.

According to the new law, to convict you of felony murder, a prosecutor must demonstrate that you committed a felony, or aided or abetted a felony. Additionally, they will need to prove one of the following:

• You killed a person
• You aided or abetted the killing, which means proving your intent to kill
• You were a major participant in the felony, and you acted with reckless indifference
• Your actions caused the death of a peace officer who was exercising their duties

What’s Different Under the New Felony Murder Law?

The essential difference between the old law and the new law is that now, prosecutors have to prove your intent or state of mind — unless you actually killed someone, or the person who died was a peace officer. Previously, you could get convicted of felony murder as long as someone got killed in a felony that you were involved in. It didn’t matter what your state of mind was. Now, prosecutors may have to prove one of two kinds of state of mind:

Intent

The prosecutor may show that you intended for the victim to die in various ways. For example, a witness could testify that you told an accomplice “to get rid of him.” There may also be evidence that you provided the murder weapon to the killer shortly before the act.

Reckless Indifference

When proving recklessness, the prosecutor doesn’t need to show that you intended to kill. Instead, they need to show that you did not care if death occurred. In this case, evidence that you were present and did nothing to stop a killing despite having some power to intervene may be enough to show reckless indifference.

Proving your “state of mind” adds an extra level of protection, which conforms to the general rule that someone can only get convicted for crimes that they intended to commit. The only time state of mind doesn’t matter is when an officer is killed, or you actually kill the victim. These aggravating circumstances make it so your state of mind doesn’t matter.

Convicted Under the Old Law? You May Qualify for Resentencing

CA SB 1437 makes you eligible for resentencing if all of the following applies:

• You were prosecuted under the natural probable consequences theory. This means that you were charged with felony murder and did not directly kill the victim. Rather, the prosecutor argued that the victim’s death was the natural and probable result of the felony you committed.
• You were convicted of first or second-degree murder. The conviction could have been entered after a guilty verdict from a jury, or a plea deal. In other words, it doesn’t matter if you were convicted after a trial or not.

Have Questions About CA SB 1437? Contact a Los Angeles Appeals Lawyer Now

If you think there is any chance that the above factors apply to your case or that of a loved one, you should speak to an experienced Southern California criminal appeals lawyer as soon as possible. You may be in a position to petition the court for a resentencing hearing.

This could result in receiving a lighter sentence or even your freedom. To find out more about sentencing options for felony murder, call Spolin Law P.C. today at (310) 424-5816, or reach out online to schedule a free case evaluation.

Unfortunately, wrongful convictions occur in the United States quite often, and the process of vacating these false convictions can take many years. This was the case for Malcolm Alexander, who fell victim to incorrect eyewitness identification, an incompetent defense attorney, and lost evidence.

In 1980 Malcolm Alexander was arrested and convicted for a rape he did not commit. The rape, which took place in 1979, was linked to Malcolm Alexander solely by eyewitness identification. The victim initially described the attacker as a 6ft tall male, but eventually, though somewhat uncertain, identified Alexander. The victim was attacked from behind and did not identify Malcolm Alexander until four months after the rape had occurred. Even then, the police incorrectly conducted the perpetrator line-ups and only regarded her identification as “tentative.”

This incorrect eyewitness fits a pattern in wrongful conviction cases. Eyewitness identification is the number one reason for wrongful convictions. Specifically, 71% of wrongful conviction cases are due to an incorrect eyewitness identification. In fact, in the legal profession, there is growing evidence against the accuracy of eyewitness identification; one in four is incorrect. (See criminal appeals attorney Aaron Spolin’s book, Witness Misidentification in Criminal Trials, to read about this topic in greater depth.)

While most humans believe they can recognize those that have caused them or others harm, the misidentification stems from a variety of factors. Some of the most crucial factors are: witnesses being under high levels of stress, witnesses tending to concentrate more on weapons than the identity of the perpetrator, police or prosecutors using suggestive tactics to sway witnesses while they are in the identification process, and more.

In the case of Malcolm Alexander, the witness was both in an extremely high-stress situation as she underwent a rape, and did not have a good line of sight to the attacker — both of which could have led to the misidentification. In spite of the victim’s uncertain identification, the trial for Malcolm Alexander was quick. The lawyer defending Mr. Alexander did not point out any of the inconsistencies with the witness identification, nor promote another narrative of his innocence. In fact, the lawyer defending Malcolm Alexander presented neither opening nor closing arguments on behalf of his client, nor did he call any witnesses to defend Mr. Alexander. The entire trial of Mr. Alexander lasted one day. In spite of the existence of DNA evidence, including pubic hairs and semen, neither attorney requested that DNA testing be completed. Malcolm Alexander was 21 years old, and the father of a two-year-old, who was then given life without parole.

Malcolm Alexander advocated for his innocence while he was in prison, and eventually, the Innocence Project picked up the case. Unfortunately, the innocence project faced many challenges. Most notably, the evidence from the case had been destroyed by the New Orleans Police Department. However, after a continuous push from the Innocence Project, the pubic hairs from the scene were recovered.

After 38 years in prison in Louisiana, Malcolm Alexander was exonerated, thanks to the evidence found by the attorneys working on his case. A sample of his pubic hair did not match the pubic hair left by the perpetrator at the crime scene. Malcolm Alexander was released from prison on January 30th, 2018.

Works Cited:

• “MALCOLM ALEXANDER.” Malcolm Alexander – National Registry of Exonerations, University of Michigan Law, 6 Feb. 2018, www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=5274.
• “Eyewitness Identification Reform.” Innocence Project, www.innocenceproject.org/eyewitness-identification-reform/.
• “Malcolm Alexander.” Innocence Project New Orleans (IPNO), 30 Jan. 2018, ip-no.org/what-we-do/free-innocent-prisoners/client-profiles/malcolm-alexander/.

Coronavirus is spreading like wildfire, affecting every single industry and institution- including the criminal justice system. Due to overcrowding in prisons and jails, social distancing is nearly impossible. Many local governments are taking matters into their own hands. In hopes of decreasing the number of people who have contracted or could contract COVID-19, they are canceling all visitation rights and/or allowing for an early release of inmates who have committed low-level crimes.

According to the Boston Globe, prison populations are at a higher risk of contracting serious health issues compared to the general population. “Many [inmates] are elderly, and have diabetes, cardiovascular disease, asthma, and cancer, conditions that, if they become infected with COVID-19, make them more likely to require intensive care and especially vulnerable to dying of the disease.” Specifically, about 40% of incarcerated people are already suffering from chronic health conditions, and therefore at higher risk of adverse outcomes if infected. If prisoners were to contract COVID-19 at the anticipated population rates, it would exacerbate the already overwhelmed health care staff and facilities.

As seen in South Korea at the Daenam Prison Hospital, Coronavirus will spread rapidly if appropriate measures are not taken. In Daenam prison, 101 inmates contracted coronavirus, resulting in 7 deaths, according to the New York Times. All but three people living in the prison at the time contracted Coronavirus. This is a prime example justifying the extreme measures being taken by governments regarding the criminal justice system.

In the United States, one specific county jail in Los Angeles, Alameda County, is taking precautionary measures to prevent the spread of the virus. In early March, the county Sheriff’s Office announced their plan to modify sentences, and subsequently release about 250 inmates. Additionally, Sheriff Alex Villanueva from Los Angeles has directed police officers and deputies alike to cite and release people instead of arresting them. As a result, throughout the county of Los Angeles, arrests have dropped from 300 to 60 daily, and jail populations have decreased by over 600 inmates.

Simultaneously, various civil rights advocacy groups are fighting to get more prisoners released. According to the Los Angeles Times, some advocates called the Los Angeles Sheriff’s Department asking to release inmates with 30 days or left on their sentences and to specifically take precautionary measures for vulnerable inmates- elderly or those with previous health conditions. For example, Senator Kamala Harris is strongly advocating for the release of low-risk inmates on Twitter. “She is pushing the Bureau of Prisons to release ‘all low-risk inmates, including those who are in pretrial detention because they can’t afford to make bail.’ She noted that people ‘in detention are especially vulnerable to the spread of coronavirus,’” according to NPR.

For all these reasons, the government is noticing it is vitally important that the criminal justice system take action immediately to reduce the number of people in confinement. One way this is being done is by reclassifying misdemeanors, such as low-level offenses that do not harm public safety, into non-jailable offenses. Additionally, people who have not yet been convicted, such as those in pretrial detention, can be released to prevent unnecessary prison crowding. While these controversial measures may seem extreme, they are essential in preventing the rapid spread of COVID-19.

Some of the Spolin Law attorneys and staff celebrate with the client days after he is released from prison. Pictured (left to right): Caitlin Dukes (attorney), Aaron Spolin (attorney), R.H. (client), Hemi Tann (Case Manager).

Spolin Law achieved justice on another case a few weeks ago when the firm’s attorneys successfully overturned a murder conviction for an innocent client who had been convicted of murder. This was the second overturned murder conviction the firm has achieved within the past six months for different clients. (To see info about previous successful cases, visit the Awards & Media section of the Spolin Law website.)

The client had been convicted of first-degree murder (Penal Code 187), attempted murder (Penal Code 664/187), and robbery with a gun enhancement (Penal Code 211) in 2004 and had been in state custody since his arrest in 2002. Since that time, he has attempted to appeal his conviction multiple times and with different attorneys. He hired Spolin Law to handle the most recent (and successful) petition several months ago. The firm’s appeals attorneys who handled his case included former prosecutor Aaron Spolin and former prosecutor Caitlin Dukes. Ms. Dukes conducted the oral argument for Spolin Law based on the firm’s written submission. Attorney Winston McKesson, the client’s longtime personal lawyer, was also present and provided valuable assistance that aided the firm’s written submission and oral argument on the matter.

The client’s murder conviction was defective for a number of reasons. First, the client — who was 15 years old at the time — was not actually present at the scene of the crime. He was convicted due to his partial fingerprint being on the car at the scene of the crime and an eyewitness describing one of the teenage robbers as having “an afro.” After the conviction occurred, the eyewitness clarified that she had not actually seen the client at the crime scene. The second fault in the murder conviction resulted from the fact that the client was convicted under the “felony murder” theory that has since been removed from the law books. Specifically, the client was convicted of “murder” because the old law stated that a person could be convicted of murder even if they participated in a felony, and during the course of this felony a person unintentionally died. Under the old law, a person could have been guilty of murder even if they did not want to physically harm anyone and had no idea that a death would occur. The court relied on this second line of argument to strike the murder conviction.

Superior Court Judge James Otto, in overturning the murder conviction, determined that the client was not a “major participant who acted with reckless indifference to human life.” This determination was the primary point of argument for the lawyers on the case. (Please note that prior successful outcomes do not guarantee a similar result on a future case.)

The above photo was taken at the Spolin Law office where some of the team members celebrated the client’s release and gave him a $300 Men’s Warehouse gift certificate (a firm tradition) to help his professional advancement. The client was present with his wife, who had never lost faith in him throughout the seventeen years, five months, and two days of his jail and prison time. She — and the client — had lost multiple other appeals, but they never gave up. In the end, the client won his freedom and can now start his life anew. He already has a job giving lectures and presentations about wrongful convictions and how to live a crime-free life.

To speak with one of the attorneys or staff members at Spolin Law about this case or any other criminal law matter, please call us at (310) 424-5816. The firm handles state and federal post-conviction matters.

If you are interested in appealing your criminal conviction, it is important to understand the timeline of the process. An appeal can take anywhere from a few months to years depending on the unique factors involved. But, in every case and appeal needs to be filed quickly. However, the decision will not be immediate.

You should talk with a Los Angeles appeals lawyer at Spolin Law P.C. regarding the California appeals timeline. This can give you realistic expectations of what to expect.

To schedule a free consultation, contact us today at (310) 424-5816.

Appeal Filing Deadline

The first step in a criminal appeal is determining if you are eligible. Immediately after a conviction sentencing, you should speak to an attorney about an appeal.

Your lawyer will carefully review your case for legal errors. If there is evidence that a mistake of law was made during your trial or sentencing, then you have a valid reason to file an appeal.

Next, you must determine if you want to appeal.

If so, you need to file a Notice to Appeal in the superior court. For felonies, you have 60 days to file a notice of appeal in a criminal case from the date the judgment was entered. For misdemeanors, this deadline is only 30 days.

There are other types of post-conviction relief that can be filed after the 60-day or 30-day window, including a California Writ of Habeas Corpus and an Application for Commutation of Sentence. However, traditional or “direct appeals” must be filed within this deadline.

Can You File an Appeal Late?

There are very few reasons why a California court will give you more time to file an appeal. There are possible extensions under the 2018 California Rules of Court, which allows for more time following public emergencies.

You might have grounds for an extension if your trial attorney failed to perform a duty related to a possible appeal. A common example is if your attorney neglected to inform you of your right to appeal. Basically, if you were not informed of your right to appeal, and did not learn of the right until after the filing deadline, call a Los Angeles appeals lawyer right away.

Another possible failure is not filing a timely notice of appeal after you asked your attorney to do so. In this situation, contact Spolin Law P.C. right away to get new representation.

You may also consider an extension for constructive filing. This occurs when you make a good faith attempt to file your notice of appeal, but it is not received in time. For instance, you may represent yourself initially and file in the wrong court. Or, you may ask your jail or prison officials to mail your notice of appeal, and it was mailed or arrived late.

You May Need a Certificate of Probable Cause

If you entered a guilty or nolo contendere plea, admitted to a probation violation, or convicted after an unlawful search and seizure, then you must also file a certificate of probable cause. This states that the trial was unlawful in some way. This is a written statement that you or your attorney provide under oath.

You must deliver the statement to the trial court, which issues the certificate. The trial court has 20 days to deny or approve your request for a certificate of probable cause.

What Happens After Filing a Notice to Appeal

Once you file the Notice to Appeal, the other parties must be notified. The superior court clerk will send a notification of the filing to each parties’ attorney, any unrepresented defendant, the reviewing court clerk, and to each court reporter.

Within 10 days of filing the Notice of Appeal, you must file a Notice of Designating Record on Appeal.

The court reporter is notified because they must prepare the transcript. If there was not a court reporter, the court creates a transcript from the electronic records of the proceedings. Additionally, you may obtain a clerk’s transcript. This encompasses all of the materials collected and placed in the case file during the proceeding.

Filing Your Opening Brief

After the initial appeal paperwork is filed and the trial court record is compiled, you must submit an opening brief. This brief is prepared by your appeals lawyer and can be lengthy.

The brief provides a summary of the trial, asks for a certain outcome, and provides a supporting argument.

For cases in the Court of Appeal, your opening brief must be filed within 40 days after the record is filed. The respondent’s brief must be filed within 30 days of your opening brief. Then, you have 20 days to file a reply brief to the respondent’s brief.

Oral Arguments for the Appeal

After the briefs are filed, the next step is oral arguments. The court will notify you of the hearing date. This may be weeks after the briefs are filed. It depends on the court’s schedule.

Oral arguments allow your lawyer to argue your grounds for an appeal to the judge in person. Depending on the court in which your appeal takes place, your attorney may have up to 30 minutes to make your case. During this time, your attorney may also answer questions from the appellate court judge.

Have Questions About an Appeal in CA? Contact Spolin Law P.C.

Interested in appealing your criminal case? Contact Spolin Law P.C. right away. Aaron Spolin was previously a prosecutor and an award-winning criminal defense and appeals attorney.

Contact us online or call (310) 424-5816 to schedule a free, initial consultation.

California has an alternative criminal justice system for minors. While the proceedings still take place in court, they are not the same as in a criminal trial.

Juveniles charged with crimes must go through several hearings. The last of these hearings is called a disposition hearing. That is when the judge makes the final decision about a juvenile’s fate. It’s a lot like the sentencing phase of a criminal trial.

Similar adults, a juvenile can appeal this final decision.

For more information about appealing a juvenile verdict, call Spolin Law P.C. today at (310) 424-5816 for a free consultation. You can also reach out online.

When Should Juveniles Appeal?

Since the juvenile justice system’s goal is rehabilitation rather than punishment, juvenile offenders do not have the same incentives to appeal.

However, there are scenarios when a judge’s disposition should be reversed. If the young offender is innocent, if their rights were violated, or if the court order is unacceptable, a criminal appeals lawyer can and should appeal the judge’s decision.

The Juvenile Appeals Process

Before filing a formal appeal in a juvenile case, it’s necessary to outline the different stages of the juvenile criminal justice process. At each stage, there are opportunities to contest. And in some cases, ask for a new hearing on certain issues.

The California juvenile justice process involves the following:

Intake

When a minor is arrested, their fate is initially decided by a probation officer. Depending on the crimes’ severity, a juvenile may simply be released on probation. The officer may also order the youth to be detained and recommend that the District Attorney (DA) file formal charges.

Detention Hearing

When the minor his detained, or when the DA files criminal charges, a hearing will determine whether detention should continue, or if the juvenile should be detained until the next hearing.

At this stage, a Los Angeles juvenile defense lawyer can contest the the DA’s petition and present evidence. If they are unsatisfied with the result, they can request a new hearing.

Fitness Hearing

In some cases, the DA may request that the juvenile be tried as an adult. For very serious crimes, there is no need for a fitness hearing because adult charges are mandatory.

During this hearing, the DA will present evidence as to why the minor should be treated as an adult. Of course, the defense can argue why the case should stay in the juvenile system. This is an extremely important stage of the process because appealing this decision is very difficult.

Jurisdiction Hearing

If the case stays within the juvenile system, the next stage is the jurisdiction hearing. Like in a criminal trial, this hearing’s purpose is to determine what actually happened. Both sides are allowed to present evidence and cross-examine witnesses. However, the facts will not be decided by a jury. If the judge determines that the available evidence points to the juvenile’s guilt, the case will move to the next stage.

Disposition Hearing

During this part of the process, the focus is not only on how to punish a juvenile but also on how to treat or rehabilitate them. Another important difference is that a judge can decide to “set aside” or cancel the decision about jurisdiction. In other words, the verdict can be canceled if their legal team is successful at this stage. If not, the judge will determine the conditions of detention and probation.

How Can I Appeal My Child’s Verdict?

There are three ways to appeal a juvenile case. First, and while it’s not a formal appeal, your lawyer should try to get a new hearing if the judge rules against your child at the detention phase.

Second, if the judge rules that your child should be treated like an adult, you may file a writ with the Court of Appeals. This isn’t a formal appeal either, but it can delay the process and keep the case in the juvenile system.

Third, you can file an official appeal within 60 days of the disposition hearing. As with a criminal case, your appeal must show that a legal mistake hurt your son’s or daughter’s case.

There are many possible arguments to make in favor of an appeal. A lawyer may argue that evidence was improperly included or rejected, or that the authorities violated your child’s rights at any point during the process.

A California Juvenile Lawyer Can Help

When a minor faces criminal charges, their future hangs in the balance. With so much at stake, these cases require quick, thorough, and aggressive action from the defense.

If you or a loved one received a bad result after a juvenile disposition hearing, you must act fast if you want to appeal.

Call Spolin Law P.C. today at (310) 424-5816, or reach out online for help appealing a juvenile criminal verdict.

Spolin Law has filed a petition in the United States Supreme Court, in Washington D.C., on a noteworthy case that implicates major Constitutional issues.

The October 2019 filing, termed a petition for writ of certiorari, seeks to have the court accept the case and overturn the conviction of the firm’s client, whose rights were violated in the course of his trial. If the court rules on the side of client, the decision will affect criminal defendants throughout the United States in both state and federal courts.

Spolin Law’s petition to the United States Supreme Court discusses the Sixth and Fourteenth Amendments to the US Constitution. Interior photo of the court is courtesy of uscourts.gov

The primary issue presented to the United States Supreme Court was whether an attorney for a criminal defendant may subsequently represent a witness against his former client. The issue relates to the Sixth and Fourteenth Amendments of the United States Constitution. The Sixth Amendment, as interpreted by prior case law, guarantees criminal defendants the right to the “effective” assistance of a lawyer. An attorney whose representation falls below the standards articulated by the courts will be considered ineffective, thus violating the client’s Constitutional rights.

In the present case, a lawyer represented a criminal defendant while simultaneously representing a witness who was slated to testify against the defendant. Once the lawyer realized that he was representing both parties, he withdrew from representation of the defendant but continued to represent the witness. By that time the attorney had received hundreds of pages of discovery and had numerous confidential conversations with the defendant, including material that the witness could have used to conform his testimony to other evidence in order to make it more believable. The witness—a convict himself—had agreed to testify against the defendant in exchange for the prosecution’s dismissal of a separate attempted murder charge against the witness.

Aaron Spolin, who is admitted to practice in front of the United States Supreme Court, submitted the petition and is the primary attorney on the case.

To contact the firm about a criminal appeals or post-conviction matter, call us at (310) 424-5816.

After a criminal conviction, you don’t have to give up. You have the right to appeal the judgment, and if successful, you may get your conviction overturned. But, keep in mind that the appeals process is difficult, and many who attempt it on their own fail — or miss critical deadlines. An appeal is not a new trial. You don’t present new evidence, the judges don’t hear testimony, and they don’t retry the case. Instead, the judges are there only to decide if some legal error occurred and if that legal error resulted in your unjust conviction or sentence.

For these reasons, you should seek the assistance of an experienced appellate lawyer. Reviewing trial transcripts, searching for potential errors, researching legal technicalities, and writing a convincing brief are skills best gained through consistent appeals experience. At Spolin Law P.C., our track record of success in the appeals process speaks for itself.

Call us today at (310) 424-5816 to schedule your consultation.

An Appellant’s Brief Must Show Harm by Error

At your trial, you were the defendant. But when you appeal your case, you become the appellant. The state becomes the respondent.

As the appellant, you are responsible for showing that your conviction or sentencing was negatively affected by a legal error, either during or before your trial. Your appeals lawyer will write a brief on your behalf to convince the appeals court that your trial was unfair.

The appellant’s brief must be thoroughly researched, clearly written, and meticulously presented. It should give the appellate court an overview of the case, single out the issues that harmed you, and provide reasons why these issues amounted to legal error.

Common grounds for appealing a criminal conviction include:

• The judge allowed the jury to hear evidence that it should not have
• The judge wrongly denied a pretrial motion to suppress evidence or to dismiss the charges
• The judge did not follow the sentencing guidelines or abused their discretion
• The jury considered factors other than those presented in reaching their verdict
• The jury convicted you even though the prosecution did not meet its burden of proving beyond a reasonable doubt that you committed the crime
• The jury engaged in misconduct during the trial or its deliberations
• The defense lawyer provided ineffective counsel
• The prosecutor acted unethically, such as hiding exculpatory evidence from the defense

If one of these errors applies to your case, but you can’t prove that it was prejudicial to you, the court will consider it a harmless error and deny your appeal. For example, you can’t get your conviction overturned just because the judge wrongly allowed one small piece of evidence into the case. You would need to show that this evidence was crucial to the jury’s decision to find you guilty.

The state, or respondent, will file their own brief to attack the arguments your lawyer raised in the appellant brief. Your lawyer has the option of filing a reply brief to address the respondent’s arguments. After an oral argument, where your lawyer and a lawyer for the state will answer questions from the appeals judges, the court will hand down a decision.

If the court grants your appeal, they may reverse the conviction, order a new trial, or schedule a new sentencing hearing. If the appeals court decides against you, you may still appeal to the California Supreme Court. But only cases that present novel or significant issues of law generally make it onto the Supreme Court’s docket.

A Southern California Appeals Lawyer Can Help

If you or a loved one have been unfairly convicted of a crime, it is time to consult with an appeals lawyer. But time is of the essence because you generally cannot file an appeal more than 60 days after the judgment.

At Spolin Law P.C., we will swiftly review your case file to determine if your conviction should be appealed. To schedule your consultation, call us today at (310) 424-5816.

When someone is convicted of a crime, it’s not necessarily the end of the road. You can file an appeal on their behalf. This is essentially asking a higher court to review the trial to ensure that no legal errors occurred. Although the process can take a long time — up to two years in some cases — you only have a short window to file a notice of appeal. For this reason, you should consult an appeals lawyer immediately after the trial court’s judgment is handed down.

At Spolin Law, P.C., we have helped many Californians challenge court rulings that would have resulted in lengthy prison sentences and crippling fines. Our experienced appeal lawyers know how to write effective appellate briefs and what it takes to advocate for the desired case outcome. If you or a loved one has been unfairly convicted of a crime, consider filing an appeal before it’s too late.

Call our California appeals attorneys or staff members today at (310) 424-5816 for a consultation.

How to Succeed in the Appeals Process

The hard truth is that few people succeed in having convictions or sentences overturned through the appeals process. Those who do succeed put every factor in their favor by hiring an experienced legal team and starting the process on time.

You will need a skilled attorney on your side to ensure that you properly navigate all of the following:

• Filing a notice of appeal — For misdemeanors, the appeal must be filed with the Appellate Division of the Superior Court no more than 30 days after the final judgment is entered–which is the sentencing hearing in a criminal case. For felonies, you have up to 60 days to file a notice of appeal with the California Court of Appeal. If you are appealing a federal conviction, you have 14 days to file the notice with the United States Court of Appeal for the Ninth Circuit.
• Request release on bail – Since the appeals process is so long; most appellants try to get released on bail while awaiting the end of the process. The court may decide to release you on your own recognizance or make you pay a bond. In either case, your ability to travel will be limited while out on bail. If the court considers you to be a threat to public safety, or if they think you might run away, they will not allow your release on bail.
• Get the trial record — A strong appeal argument doesn’t present new evidence or a new angle on the case. It’s about showing that a legal error committed during the trial resulted in an unjust outcome. Your appeals lawyer must make all of their arguments based on the trial record, which includes all transcripts and motions from the trial proceedings. It’s also helpful to meet with the lawyer who represented the defendant at trial because they will have insight into the proceedings.
• Isolate and research the appealable issues — Based on the review of the case record and discussions with the trial defense team, your appeals lawyer will determine which issues to raise on appeal. Once the issues are isolated, they will need to conduct thorough legal research to get the strongest authority behind their argument. They will also need to anticipate what arguments the state will make and figure out ways to counter them.
• Write the appellate brief — Writing a strong appellate brief is as much a skill as it is an art. It must be clear and concise yet thorough enough to make a compelling and airtight argument. It should also anticipate and discredit the arguments the state might make in their brief. In addition to these substantial issues, the appellate brief must follow strict formatting requirements that cover everything from paper color to font size. After the state files the respondent brief, the appellate side has the option of filing a reply brief to rebut the state’s arguments.
• Prepare for and attend the oral argument — Most judges make up their mind on the case when they read the briefs. So by the time the oral argument comes around, they already know how they are going to vote. But the appellant must use this opportunity to convince any potentially undecided judges to vote in their favor. The things that may sway a jury at trial do not work at oral argument, where the advocate must carefully present and answer questions from the judges about legal theory.

After the oral arguments, the judges will write an opinion that contains their ruling on the appeal and the reasoning behind it. If the appeal is granted, they may vacate your conviction, or order a new trial or sentencing hearing. If they decide against you, you can still file another appeal to a higher court of review–either the California or United States Supreme Court–but these courts only take on cases that present new or significant problems of law.

Get Help with the Appeals Process Today

For many people, filing an appeal is their last chance to avoid years or even life behind bars. At Spolin law, P.C., we don’t take this responsibility lightly. We do everything in our power to successfully lead our cases through the appeals process. If you or a loved one has been convicted of a crime, time is running out to file an appeal.

Call us today at (310) 424-5816 for your consultation.

On Friday of last week a Spolin Law client won his right to freedom after months of advocacy by the firm.

The client had been in prison on a life sentence and would have most likely spent the rest of his life in prison. However, after Spolin Law filed, argued, and won a petition under new law SB 1437, Superior Court Judge Curtis B. Rappe removed the life sentence, resulting in the client’s impending release.

Because of the client’s unique circumstances, members of the Spolin Law team decided to pitch in and pay for a new suit so that the client finds it easier to land a steady job after release from prison. The client had been incarcerated for approximately 26 years before he hired Spolin Law to fight for his release, and during that time he did not have access to computers and other modern technology that has become common in the modern workplace. Various members of the Spolin Law team had interacted with the client and his fiancé over the course of the representation. The idea of assisting the client came from a strong desire to help him be successful in this new phase of his life; release from prison is not the “end” of his story.

Firm members who contributed to the $250 Men’s Warehouse gift card include: Marti Wise (case manager), Aaron Spolin (attorney), Alison Case (firm assistant manager), and Dan DeMaria (head of legal research).

Aaron Spolin was the primary attorney involved in the representation of the client, which included multiple written submissions, extensive argument, and a half-day hearing in which the judge heard testimony. The central issues were whether (1) the new law allowing for dismissal of the client’s primary charge was constitutional, and (2) whether the individual client showed “reckless indifference to human life” such as to disqualify him from relief. The prosecutor argued against the client at every step of the way and sought to keep him in prison with the life sentence. Mr. Spolin won on both issues (constitutional and individual) and successfully obtained the dismissal of the life sentence. To read one of the court filings that Mr. Spolin had drafted, click here: Court Filing – Spolin Law PC – Reply Brief and Memorandum – 8-15-2019 – Redacted.

The client, who was present at last Friday’s hearing, was emotional upon hearing Judge Rappe’s ruling. After the sentence was read, he turned to the multiple family members and friends in the audience, who appeared equally ecstatic that he will now have his life back.

For further questions or to contact the firm about your own legal matter, please call (310) 424-5816.