Los Angeles, CA asked in Appeals / Appellate Law and Criminal Law for California

Q: I am in Appellate Division Appeal-Misd Supreme Court in California. If I lose where would I appeal to ?

Filed for Factually Innocent. Prosecutor is fighting me over it.

2 Lawyer Answers
Charles William Michaels
Charles William Michaels
PREMIUM
Answered
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.

1 user found this answer helpful

Joseph Abrams
Joseph Abrams
Answered
  • Criminal Law Lawyer
  • Anaheim, CA
  • Licensed in California

A: In California, there are three levels of courts, including superior court (trial court), appellate court (first appeals), and the supreme court (final appeals). In rare cases, you may be able to also file in federal court after exhausting all of your state appeals. There are also three levels of federal courts, including district court (trial court), circuit court (first appeals), and the U.S. Supreme Court (final appeals). You should consult a criminal appellate attorney to determine your options.

- Law Office of Joseph Abrams, Anaheim, CA

1 user found this answer helpful

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