If the jury finds me guilty for a misdemeanor, how do I appeal?

Asked 8 months ago - Saratoga, CA

If the jury finds me guilty for a misdemeanor, how do I appeal? I am currently in pre-trial hearings right now, but I am just asking in advance to prepare.

Attorney answers (8)

  1. Greg Thomas Hill

    Contributor Level 20

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    Answered . Within 30 days of the ruling on the issue you wish to appeal (guilt), you must file a Notice of Appeal with the trial court (the one you are in now) and the Court of Appeals of the Superior Court for the court you are in. You also must serve (mail) it to the district attorney or city prosecutor involved in your case right now.

    The actual grounds or basis for the appeal is then something you set forth in the actual appeal, which is not filed for a while, based on a schedule that the court of appeal sets forth after receiving the notice of appeal.

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

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    Answered . You have 30 days from sentencing to file your notice of appeal. Then there are many forms that have to be filed shortly thereafter, some as soon as ten days from the notice of appeal.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Kelvin P. Green

    Contributor Level 18

    7

    Lawyers agree

    Answered . I would discuss this with your attorney. If you don't have one, it's tine to get one.

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  4. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    7

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    Answered . You must file a timely notice of appeal. Your attorney will know how to do that.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  5. Vijay Dinakar

    Pro

    Contributor Level 17

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    Answered . Timely file notice of appeal, your attorney can do this for you. However criminal appeals are rarely successful and the standard remedy on a successful appeal is a new trial which may lead to the same negative result. Your best chance to "win" is before the verdict is rendered by attaining a pre-trial dismissal or a not guilty verdict following jury trial. For this, you should retain the best trial attorney you can afford. Best not to save any money for an appeal. An appeal is not analogous to car insurance where if things go wrong and you get in an accident you can be be made whole on an appeal. One shouldn't rely on winning a criminal appeal. Good luck.

  6. Victoria L Clemans

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . You or your attorney has to file a notice of appeal within 30 days. If you are indigent, an appellate attorney will be appointed for you. He or she will obtain all the transcripts and write an opening brief. Then the appellate division for the county will file a respondent's brief and the matter will be set for oral argument. Appeals are hard t win. Try to stay positive. Good luck if you go to trial.

    This is a general statement regarding law and facts and should not be construed as an attorney-client relationship... more
  7. Matthew Clinton Smith

    Contributor Level 6

    4

    Lawyers agree

    Answered . You must file a notice of appeal within 30 days of sentencing, if the court makes an error prior to trial you may need to file a "writ of prohibition".

    Filing the paperwork for a misdo appeal is more complicated then filing one for a felony matter. The new judicial counsel form is very long and asks many specific question.

    Furthermore, you will want to consult with another attorney since ineffective assistance of counsel (usually for lack of investigation) is a common issue on appeal. Be advised that if you miss the filing deadline, it is fatal.

  8. Joshua Sachs

    Contributor Level 19

    5

    Lawyers agree

    Answered . I defer to my California colleagues on what is required in your state. I also want to remind you that in every state I know of, and I am sure this is true in California also, it is necessary to do what is called preserving error for appeal. This is something that a good lawyer knows how to do and does from the very beginning of a case all the way through to the end, so that if an appeal turns out to be necessary there will be a proper procedural basis for pursuing it. I do not know what the rules are for preserving a record for appeal in California, but if you are contemplating a possible appeal in the event of conviction you had better either have an attorney representing you in the trial court or else you are going to have to master this rather difficult subject and master it immediately. Having an attorney is the better way to go.

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