|
Self Service Home | Glossary |
Search |
Site Map |
Feedback | Contact
 Criminal Court
Appeals
[Esta página está en español;
Trang này bằng tiếng Việt]
This section tells you about:
 What
is an appeal?
After a
jury or court
trial, you can ask a higher court (called an appellate
court) to review the decision in your case. This is called an
appeal.
Is an appeal a new trial?
No. The appellate court can review the
evidence (testimony
and exhibits)
presented at your trial.
Can anyone appeal?
You can only appeal if:
- You say there was not enough evidence in your trial to justify the
verdict or
judgment; and/or
- You say there were mistakes of law during or before the trial that
hurt your case.
If you say there was not enough evidence in your trial to justify
judgment, the appellate court will review the
record and decide if there was substantial evidence to support
the judgment.
If you say mistakes of law were made, the appellate court will listen to
both
parties. Then, they will decide if there was any irregularity or
mistake that prejudiced
(hurt) your
case.
What are most appeals based on?
Most appeals have to do with mistakes in the law or legal procedures.
Where do I file my appeal?
For
misdemeanor cases, you must file a Notice of Appeal
within 30 days of the date of the judgment or
order. You must file your Notice of Appeal at the clerk’s office
where the trial was heard.
For
felony cases, you must file a Notice of Appeal within 60 days of
judgment or order. You must file your Notice of
Appeal at the clerk’s office at the
Hall of Justice.
What if I want more information?
For misdemeanor cases, click here to read
California Rules of Court 182 – 191.
For felony cases, click here to read
California Rules of Court 1 – 55.
You can also look for these rules in any law library. They are very
important. Be sure to read them and follow them exactly.
top of page
↑
|
