In California, a misdemeanor is a crime that can be punished by jail time of up to one year, but not by time in state prison. (See Penal Code sections 17 and 19.2.).
An appeal in a criminal misdemeanor case is a request to a higher court to review a decision made by the lower court. In a misdemeanor case, the court hearing the appeal is the appellate division of the superior court and the lower court is the trial court.
For the direct appeal in a misdemeanor case, the appellate division of the superior court will not consider new evidence. Instead, the appeal is limited to a review of the record of what happened in the trial court and the decisions made by the trial court.
In addition to filing a direct appeal after a conviction in a misdemeanor case, other orders or judgments that can be appealed include:
- an order granting or denying a motion to suppress evidence before the trial court issues a final judgment in the case (Penal Code section 1538.5(j)); or
- an order made by the trial court after the judgment that affects a substantial right of the accused (Penal Code section 1466(2)(B)).
Attorney for Misdemeanor Appeals in Ventura, CA
If you need an attorney for a direct appeal in a misdemeanor case in Ventura County or the surrounding areas in Southern California, then contact Jay Leiderman Law.
Find out more about important deadlines for filing the notice on appeal, obtaining a stay of the lower court’s ruling, obtaining the record on appeal, and submitting the initial brief.
Attorney Jay Leiderman can help you file the misdemeanor appeal with the “Appellate Division of the Superior Court” in Ventura County, CA, within 30 days of the judgment or order that you are appealing. After the record on appeal is filed, he can also brief the issues on your behalf.
Contact Jay Leiderman Law at (805) 654-0200 for more information about the procedures used in misdemeanor appeals in California.
Filing the Notice of Appeal in Ventura County, CA
To initiate the appeal, you must file a “notice of appeal.” The notice of appeal lets the other side know that you are appealing the trial court’s decision.
To file the notice of appeal, the Notice of Appeal (Misdemeanor) form CR-132 might be used as the notice of appeal in a misdemeanor case. The notice of appeal must be filed within 30 days of the trial court’s ruling. As a general rule, if the notice of appeal is late, the appellate division will not be able to consider the appeal.
After the notice is filed, the Appellate Division must be provided with the record of the proceedings in the lower court. The record on appeal includes the transcripts of what was said in court prepared by a court reporter.
After the record on appeal is ready, your appellate attorney in Ventura, CA, will brief the issues for the appellate court. The State will often file a reply to that initial brief. Your attorney can then file a response to that reply brief.