Legal Question in Appeals and Writs in California

appealing a case

Are criminal case appeals mainly for the prison inmates doing life or n death row or is it possible to appeal a criminal case (midemeanor) if the defendent is out of custody on bail and what are the steps or circumstances from the beginning of the appeal that have to be taken


Asked on 5/02/09, 8:01 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: appealing a case

Yes, misdemeanors can be appealed as well. The exact procedure depends on what record is available for appellate review.

Most importantly, a timely notice of appeal MUST be filed or you're precluded from pursuing things.

I would start with your trial atorney to indicate your desire to appeal. They can advise you from there.

Read more
Answered on 5/02/09, 8:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: appealing a case

Anyone convicted of a crime can appeal the judgment and/or the sentence, unless they waived their right to appeal as part of a plea bargain (and sometimes even then).

The first step is to file a timely notice of appeal. That's the easy part, though. Researching, briefing and arguing the appeal are much more difficult. Having a skilled attorney working for you can make all the difference.

I am certified by the State Bar as an appellate specialist. Feel free to contact me directly if you want to discuss your case.

[Your question says you are "out of custody on bail". If that is the case then you have not yet been convicted. Chances are it is too early to appeal, though you may have other remedies available to you.]

Read more
Answered on 5/02/09, 8:12 pm


Related Questions & Answers

More Appeals and Writs questions and answers in California