Legal Question in Criminal Law in California

Appeal criminal conviction

This is what I went thru with my spouse I'm divorcing, for the past 3 years has had CPS accuse her of drugs, takes my kids out of state, tries to divorce me, I file, D.A. ready to arrest, she comes back. Moves out but takes my kids 3 times to undisclosed locations, called the police every time, threatens to take them again punches me, I file a DV, have custody, mediation was going, then one night she starts yelling at me in front of my mother/son, was leaving, and while yelling, I was pushing her, not hard, thru the door, she trips, calls the cops, I'm charged,-and her friend tells me she planned to do that to get my kids when I get out. WTH! I find out all this evidence with her past history is bad for her...I had a PD, since I still have to go back for a hearing to see if I found a job to start the classes, I want to file an appeal. Because she has my sons, and has not even had a job in 13 years, owes CS, and is in the Abusers Index for the first thing she did. I've been stable, same place for 15 years, always worked, never had any record of anything. And family court judge hears me asking her about all these negatives and appointed a Custody Investigator which is ok-she has the history. I miss my sons-what else can I do?


Asked on 12/15/08, 3:44 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Appeal criminal conviction

You have my extreme sympathy. The title of your post says, Appeal Criminal Convictions. You didn't plead guilty, did you?

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Answered on 12/15/08, 4:07 pm
Terry A. Nelson Nelson & Lawless

Re: Appeal criminal conviction

IF you are still within the time limits of doing so, and if you have proper grounds for an appeal, you will need to hire an appellate attorney. It is not a process for 'do it yourself' if you want to have any chance at success. Call your local Lawyers Referral Service for names of attorneys if you can't locate one yourself. You must expect to pay very substantial fees for an appeal, unless you can get the public defender to do it.

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Answered on 12/15/08, 4:47 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Appeal criminal conviction

You must consult an attorney to determine whether you have grounds for a timely appeal. I would start with your public defender to see whether he/she would assist you in that process. If not, you must contact a private lawyer to evaluate this situation for you.

Feel free to give me a call if you desire additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 12/15/08, 6:18 pm


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