Woodland Hills Appeals Attorneys

Advocating for Your Best Interests Throughout Los Angeles

There are times when a judge may make a legal error that negatively affects the outcome of a case. When this occurs, it’s important to seek representation from a firm that will aggressively advocate for the correct outcome. At Nader and Woodcock, our Woodland Hills appeals attorneys are highly skilled in family and business law and will create an effective strategy for your case.

Schedule your free consultation with one of our Woodland Hills appeals attorneys today. Call (800) 689-0774 or contact us online to discuss your family law appeal and take the next step toward a fair resolution.

What is an Appeal?

An appeal is a formal request to a higher court to review the decision made by a lower court. The purpose of the appeal is not to retry the case or introduce new evidence, but rather to focus on whether the lower court’s ruling was legally sound. 

Appeals typically focus on the application of law, not on the facts of the case.

When to File an Appeal?

When filing an appeal, the appellant (the person filing the appeal) asserts that the lower court made a legal mistake. This could involve errors in how the law was interpreted, procedural errors that impacted the fairness of the trial, or even issues related to the admission of certain evidence. 

The appellate court reviews the record from the original trial, including the trial court’s rulings, motions, and other relevant documents, to determine whether any legal errors occurred.

An appeal of a final ruling can be challenging and complex. Our Woodland Hills appeals attorneys combine their legal knowledge to create the strongest plan of action for every case we take. When it comes to appeals, we will review the original case and investigate for possible errors. If found, we will help you seek a modification or reversal of the ruling to reflect your circumstances.

If you are the party who believes the judgment was correct and would like to fight the appeal, we can effectively represent your interests. We do so by procuring the court's record and investigating these documents for errors.

Grounds for an Appeal in California

There are many potential grounds for appealing a court’s decision in California. Common reasons for filing an appeal include:

• Legal Errors During the Trial: One of the most common grounds for an appeal is the presence of legal errors during the trial. This could involve incorrect rulings by the judge, improper jury instructions, or the application of the wrong legal standards. If the judge made a mistake in how the law was applied or interpreted during the trial, it could provide grounds for an appeal.
• Improper Admission or Exclusion of Evidence: If a judge improperly allowed certain evidence to be admitted or wrongly excluded critical evidence, this could significantly affect the trial's fairness and the ultimate verdict. In these cases, an appellate court may reverse the lower court’s decision, especially if the improper handling of evidence influenced the verdict.
• Ineffective Assistance of Counsel: In criminal cases, defendants are entitled to legal counsel, and that counsel must provide effective representation. If you were denied adequate legal representation at trial—such as if your attorney failed to properly investigate the case or did not provide a competent defense—this could serve as a basis for an appeal.
• Judicial Bias or Misconduct: In cases where it can be shown that a judge was biased, prejudiced, or acted inappropriately during the trial, this can create grounds for an appeal. Judicial misconduct can involve improper statements, actions, or decisions that compromise the fairness of the trial.
• Sentencing Errors: In criminal cases, if the court imposed a sentence that was excessively harsh or deviated from the established guidelines, this could form the basis of an appeal. Sentencing errors may also include the improper application of sentencing enhancements or failure to consider mitigating factors.
• New Evidence: Although new evidence is not typically presented during an appeal, in some cases, new information or evidence that was not available during the original trial could surface. If this new evidence could have significantly impacted the trial's outcome, an appeal may be warranted. However, the appellate court will usually only consider new evidence in very limited circumstances.
• Constitutional Violations: If the lower court’s ruling violated constitutional rights—such as the right to a fair trial, the right against self-incrimination, or the right to counsel—this can also provide grounds for an appeal. Constitutional violations are often seen as serious enough to warrant appellate review.

Our Woodland Hills appeals attorneys have extensive experience in handling appeals across a wide range of legal areas, including criminal cases, family law disputes, civil litigation, and business matters. We can help you!

Understanding The Appeal Process in California

Filing an appeal in California involves a structured process that requires careful attention to deadlines, legal procedures, and detailed written arguments. The process generally includes the following steps:

1. Notice of Appeal

The first step in the appeals process is to file a Notice of Appeal. This document officially notifies the court and the other parties involved in the case that you intend to challenge the lower court’s decision. In California, this notice must be filed within a specified timeframe—usually within 60 days of the final judgment or ruling. Missing this deadline can result in the loss of your right to appeal.

2. Preparation of the Record

Once the Notice of Appeal is filed, the next step is to compile the "record on appeal," which includes all documents, transcripts, and evidence presented during the trial. The record will be used by the appellate court to evaluate the case. This step can be particularly complex, especially in cases with extensive records or multiple issues on appeal.

3. Filing of Briefs

After the record is prepared, both parties involved in the appeal will submit written briefs. The appellant (the party appealing) files an opening brief, in which they outline the legal errors that occurred during the trial and explain why the judgment should be overturned. The appellee (the opposing party) then submits a responding brief, defending the lower court’s decision.

In certain cases, the appellant may also file a reply brief to address any arguments raised by the appellee. These briefs are highly technical documents and must present compelling legal arguments, as the appellate court will base its decision on the issues raised in these written submissions.

4. Oral Argument

After the briefs have been submitted, the court may schedule an oral argument. During this hearing, both parties have the opportunity to present their arguments in person before a panel of appellate judges. The judges may ask questions to clarify aspects of the case, and attorneys must be prepared to address any issues raised by the panel.

5. Appellate Decision

Once the oral argument (if applicable) is completed, the appellate court will deliberate and issue a decision. This decision can take several weeks or even months, depending on the complexity of the case. The appellate court has several options:

• Affirm the decision: If the appellate court finds no legal error, it will uphold the lower court’s ruling.
• Reverse the decision: If the court finds that a legal error was made, it may overturn the lower court’s decision.
• Remand the case: In some cases, the appellate court may send the case back to the lower court for further proceedings, such as a new trial or sentencing.

6. Post-Decision Options

If the appellate court’s decision is not in your favor, there may be further options for recourse. In certain circumstances, you can request a rehearing or seek review by the California Supreme Court. The higher court has discretion in deciding whether to hear your case.

Get Strategic Appeal Representation For Your Case

Whether you are seeking an appeal or would like to defend against one, our Woodland Hills attorneys can help. We are experienced in high-profile legal issues and can effectively find a solution that is beneficial.

Call our office at (800) 689-0774 or contact us online to schedule a consultation. We help clients in Los Angeles and throughout the Bay Area.