Los Angeles Appeals Attorney
Challenging Your Conviction
Attorney Ian Wallach is admitted to the Bar of the United States Supreme Court, as well as the Bars of the Ninth Circuit Court of Appeals and the Second Circuit Court of Appeals. He has argued before the 9th and 2nd Circuit Courts of Appeals and appellate courts in New York and California. He takes great pride in his written briefs and oral arguments.
Ian Wallach’s recent argument before the 9th Circuit in the consolidated cases of Edison v. USA, 14-15472, and Nuwintore v. USA, 14-17546, can be seen here. The 9th Circuit Court's decision of May 20, 2016, granting the relief sought by Ian Wallach, can be read here.
What Is a Criminal Appeal?
Unfortunately, some criminal cases may result in convictions. If this happens in your case, you may be subject to various sanctions, including incarceration and/or fines. Also, the conviction will appear on your criminal record, making it challenging to carry out life as you once did.
But a conviction does not mean your fight has ended, and you must idly suffer the consequences. You have the option to file an appeal and seek to have the judgment overturned. An appeal is not a new trial (although this can result from a successful appeal). Instead, it’s a request to have a higher court review the record of your original trial.
During an appeal, you do not present new evidence to attempt to defend your innocence. Rather, a panel of judges will go through the record to determine whether a legal error occurred. If a harmless error was made during trial, the original judgment will stand. However, if the error was substantial enough to impact the outcome of your case, the appellate court may reverse the trial court’s decision and send your case back for a new trial.
Appellate decisions rest on the strength of the assertions made in a legal brief. A brief is a written document that explains the legal error that occurred and why it influenced your case. Additionally, the appellate justices may request that the defendant and government present oral arguments to clarify points. Because the brief and oral arguments are so important, it’s crucial to have an attorney draft a compelling case on your behalf.
Ian Wallach has strong writing skills – honed during his time at a national law firm – and experience presenting cases in court. When you turn to him, he will develop a persuasive written brief and be prepared to stand up in front of the justices to argue your case.
What Are Grounds for an Appeal?
Simply being convicted of a crime and being unhappy with the result isn’t enough to warrant an appeal. A significant legal error must have occurred during trial.
Reasons for seeking an appeal are referred to as grounds, and they include but are not limited to:
- Insufficient evidence: This means that the evidence presented at trial was not enough to prove guilt beyond a reasonable doubt.
- Prosecutor misconduct: The prosecutor’s duty is proving that the defendant committed the alleged offense, but sometimes, they engage in questionable conduct, such as intimidating a witness, that affects the case.
- Juror misconduct: At the start of a trial, jurors are given instructions on how they’re expected to behave throughout. Unfortunately, not all jurors adhere to the rules, and they might do something such as speak with others about the case.
- Judicial error: The trial judge might also have done something that influenced the result. For instance, they may have given the wrong jury instructions or improperly admitted evidence.
- Ineffective assistance of counsel: People accused of crimes have the right to effective counsel. However, if the defense lawyer behaved in a way that a reasonable attorney wouldn’t have under the same circumstances, their representation may be deemed ineffective.
The list of grounds is not exhaustive, and several others may be available to seek an appeal. Speak with Ian Wallach about your case to learn more about your legal options.
The Guidance You Need for Your Case
The process of filing an appeal can be complicated. Developing compelling arguments requires an intimate understanding of the law and the legal system. Attorney Ian Wallach has extensive experience and can help successfully submit an appeal and work toward a favorable result on your behalf.
Admitted to Practice Law in California, New York, & Colorado
Board of Directors Member for National Association of Criminal Defense Lawyers
Not Afraid of Going to Trial
An Abundance of Notable Case Outcomes
Compassionate Client Service & Innovative Legal Strategies
Member of the United States Supreme Court Bar