Legal Question in Criminal Law in California

Hi, I was charged 10851 (A) VC theft or unlawful taking or driving of a vehicle in 2014,

I wanted to know can i appeal my case?


Asked on 10/19/18, 10:16 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Appeal?

If the 2014 case resulted in you going to court already and having a conviction by plea or at trial, the time to appeal was at most a few months from date of conviction. So, if the case was delayed and conviction was very recent, you can hire counsel to file an appeal if there are valid grounds for it. If so, feel free to contact me to discuss the case facts, basis for an appeal, and costs. 714-960-7584

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Answered on 10/19/18, 10:30 am
Edward Hoffman Law Offices of Edward A. Hoffman

For purposes of an appeal, the date that matters is the date of the judgment. The notice of appeal must be filed within 60 days after the judgment if the defendant was convicted of a felony, or 30 days if the conviction was a misdemeanor. Those are very strict deadlines. If you miss them, the appeal will be dismissed.

If you want to appeal from a pre- or post-judgment order, then the date if the order is what matters. Note that most types of pre-judgment order aren't directly appealable, but many can be challenged later in an appeal from the judgment itself.

Feel free to contact me directly if you'd like to discuss your case. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization.

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Answered on 10/19/18, 2:26 pm


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