Skip to main content

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

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

Posted

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-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

Mark as helpful

7 lawyers agree

Posted

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.

Mark as helpful

1 found this helpful

10 lawyers agree

Posted

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 dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

Mark as helpful

7 lawyers agree

Posted

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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Mark as helpful

8 lawyers agree

Posted

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.

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

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 or a solicitation for same.

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

4 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics