Legal Question in Criminal Law in California

Re: Criminal court transcripts, California

First, make sure that the transcript is in fact unavailable. Often, the Office of the Recorder will inform you that the transcript is unavailable because transcripts get destroyed after 10 years by law. This is often not the end of the story. You got to deep deeper by contacting the reporter who prepared the transcript. The reporter will often have notes and transcripts that are quite old.

How lack of certain language in the transcript will affect you will depend on what it is that you are trying to accomplish. For example, if you are preparing a writ of habeas corpus on the grounds that your rights were violated because you did not receive certain admonishments as to your right to counsel, or what not, by the court, can help you as evidence that indeed your rights were not protected.

I do a lot of post-conviction relief for immigrants where one of the issues which comes is whether at the time of his plea the court admonished the defendant that his plea will result in adverse immigration consequences. When the transcript of such admonishments is missing I am often able to win and vacate the conviction.

Most of the time, lack of record is not beneficial to defendant as certain presumptions work against him. However, there are a few areas where lack of record or transcript will benefit you.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Criminal court transcripts, California

What will happen will depend upon the procedural posture of your case. Have you gone to trial yet? Have you entered a negotiated plea of guilty or no contest? Is your case presently on appeal? If it has already been appealed, what was the result? If it has not been appealed, how much time has passed since entry of judgment? Are you trying to bring a habeas corpus petition? Without this information there is no way to answer your question.