Grounds for Filing a California Misdemeanor Appeal

Posted by Neil Shouse | Nov 09, 2010 | 0 Comments

The fact that you believe you were unfairly convicted for driving under the influence may or may not provide grounds on which you may file a misdemeanor appeal in California. If you think the cops harassed you, were too hard on you, that the jury didn't like you or your lawyer…these are, unfortunately, not legitimate reasons for filing a misdemeanor appeal.

If, however, you believe you were unfairly convicted because your attorney was incompetent, because the prosecutor acted unethically, because the jury based its verdict on an outside investigation, or because the judge sentenced you to a jail or prison sentence that exceeded his/her authority, those would be legitimate reasons for filing a misdemeanor appeal.

This is because a California misdemeanor appeal must be based on (1) a legal error, and (2) on a legal error that caused you prejudice. “Prejudice” means that if there were no legal error, there is a reasonable probability that the case would have had a more favorable outcome.

So if you believe that the police, either attorney, the judge, or jury committed an actual “legal” error, be sure to consult immediately with a California misdemeanor appeals attorney. California misdemeanor appeals must be filed within 30 days of your judgment. If they are not timely filed, your case will be rejected. (Also refer to our articles Grounds for Filing a California appeal and California federal appeals.)

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370