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Should a tainted Crim "guilty" finding be appealed to CA Appeals Ct, or file it in Fed Ct as a case of denied Const. rights?

In a misd. DUI (no damages) Def accepts "pre-trial agreement" to plead guilty after pressure exerted upon him he considers a violation of Constitutional law. (No speedy or public trial, misrepresentation of agreement terms, no defense by PD, no right to view evidence, etc.)
A Motion to Withdraw Plea lost.
Does the law prefer I appeal this case (with its Const. Rights violations) to the CA Appeals Ct?
Or does the issue of the Constitutional rights of the Def during the Superior Ct. proceedings mean that the hearing belongs in Fed Ct?
There was never a finding of guilt "on the evidence", only a "guilty plea" extracted after a year of rescheduled trials, and family destructive unemployments.
I suppose I could appeal to EITHER court, but which does CA Court Procedures prefer?

Additional information
I understand that the Appeals Ct. exists to "look at the issues brought out in the hearing of the lower court" to see if mistakes were made.

Does the Appeals Ct have Const. Rights within its jurisdiction also?

Or is it that the claim of "denied Constitutional rights" moves the case AWAY from the Appeal Court, and over to the Fed Court?
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Attorney answers (2)

Reputation Level 20
Did you waive your right to appeal when you accepted the plea for a shorter sentence?

Get a lawyer to check that before you get to thinking about what court to file in.


Good luck.


Note: I am not your lawyer. Get a CA lawyer to advise you.
4 people marked this answer as good

Reputation Level 12
Dear ?
NO, you cannot appeal to any federal court at this time. To be able to have a state criminal case heard in a U.S. District Court, you must first present your constitutional issues to every state court which you are allowed to do so. This is called "exhaustion of state remedies" and if you do not do it before going to federal court, then your case will be dismissed until after you do. The law does not "prefer" this; it is an absolute requirement of the federal statutes.
If you wish to appeal from the denial of your motion to withdraw your plea, you must do so first in the California Court of Appeal and if you lose then you MUST petition the California Supreme Court for review. Only after you have done those things will you be allowed to file anything in federal court.
1 person marked this answer as good

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