Legal Question in Criminal Law in California

Statute of limitations

Hello,

Is there a Statute Of Limitations for fileing an appeal ?How long do I have to file for an appeal in Criminal Court ? Is Eleven Months to long , has my time ran out ? What can I do if an Police Officer Performed an Illegal Search ,and Seizer in my Home ,Without my concent. Can I get my charges overturned ? If so how ?


Asked on 6/18/03, 2:12 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statute of limitations

The time limit for filing an appeal in the California state courts is sixty days from the entry of the judgment. This time does not begin to tick when the verdict is entered, but rather (usually) when sentence is pronounced. If more than 60 days have passed, you are pretty much out of luck as far as bringing a direct appeal.

A notice of appeal really should have been filed by your defense lawyer soon after the judgment was entered. Was this done? If not, do you know why?

Did you bring these violations to the attention of the trial court? If not, did you know about them at the time?

It is also possible that there was no violation. Did the police have a warrant for their search? If they had a warrant then they did not need your consent. There are also some limited circumstances under which a search of a home can be conducted without a warrant.

If your rights were violated in the way you describe you might be able to get relief via a petition for writ of habeas corpus. Feel free to contact me if you want to discuss this further.

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Answered on 6/18/03, 3:35 pm


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