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DUI-Motion to Suppress Appeal: Which RECORD OF ORAL PROCEEDINGS gives me the best chance on appeal of 1538.5 motion?

Gardena, CA |

I need to file an appeal on my 1538.5 motion. I am filing up CR-134. I am not sure which record of oral proceedings gives me the best chance of winning the appeal. Please assume that they are all available. If it is relevant, my case is in Alhambra Courthouse, LA County.

Choices:
Reporter's Transcript
Transcript from Official Electronic Recording
Copy of Official Electronic Recording
Statement of Appeal

Please advice.

Attorney Answers 5


  1. Best answer

    If you are appealing, you will need the reporter's official transcript. This is the one you order from the court reporter sitting in the courtroom and it comes in the form of a written paper transcript. I don't know about "best chance of winning" on appeal means. the record of the proceedings doesn't give you chances on appeal, the legal issues and legal arguments do. You really should hire an attorney do to this or see if you qualify for the public defender. Appeals are difficult and technical and a good lawyer gives you the best chance of winning on appeal.


  2. Transcript. You can cite from it....no mistake as interpretation of words.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


  3. Reporter's Transcript.

    I agree with my colleagues in that you should hire counsel. Appeals are not easy to win. Also, the Court is often reluctant to overturn the decision of a previous bench officer.

    Good luck!

    The information above is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information.


  4. If you are filing CR-134, then you are appealing a misdemeanor conviction. Some courts do not provide court reporters for misdemeanor cases, and instead use an audio recording of the proceedings.

    While a reporter's transcript would be best, a transcript of the electronic recording would be a close second.


  5. You can call the courtroom clerk at the Alhambra courthouse and make certain that a court reporter was present at your 1538.5 hearing on your misdemeanor DUI case. You'll need to give the courtroom clerk your case number. Since this was a criminal case, a court reporter should have been present. Otherwise, you can request a court docket containing the minute orders from your case (again you will need the case number) but you will have to pay for each page at the Alhambra courthouse from the record's clerk.
    You'll need to pay for the court reporter to prepare the transcripts unless you qualify for free legal assistance. If you think you might qualify for free legal assistance, fill out the paperwork and attach it with your request for the transcripts.
    As others have indicated, a court reporter's transcript is the best record available for an appeal because it records what happened at the suppression hearing and trial.
    Make certain that you file your notice of appeal within 30 days of the final judgment. Even if you did not have a public attorney at your trial, if you think you might qualify, you can request to have an attorney appointed for your criminal appeal by asking for one and filling out the appropriate paperwork with your notice of appeal.
    Also, as others have indicated, appeals can be complicated. Even if you did not have an attorney with you for your DUI case, if you adequately supported your claim of a Fourth Amendment violation at the suppression hearing, you will probably have a better chance of prevailing on appeal if you hire an attorney for your misdemeanor DUI appeal. You'll need to pay for the attorney, as well as the transcripts.

    Good luck.

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