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

Q: iam seeking clarity on the steps for filing an appeal, retrieving evidence, guidance and representation

I faced challenges w/ my representation, including lack of inclusion in critical decisions &unawareness of the defense until the morning of. I was denied redacted copies of discovery.I provided crucial evidence to prove my innocence, but none of it was entered into evidence. The promised strategy & prep meetings did not occur.I was adamant about testifying but I didn’t out of instilled fear & no preparation.I was blindsided by the closing statement, was not given the option to hear it 1st, or provide any input on my ONLY DEFENSE. She didnt even know my side! Or implement key points Despite having written testimony, my trial notes, listing contradictions,discrepancies and points to support my case.This has left me with convictions that I believe can be challenged since trial my attempts to inquire about filing an appeal & retrieving evidence have been unanswered& sentencing is coming. clarity on steps for filing an appeal plz ur guidance in this urgent matter is greatly appreciated.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about the difficulties you've encountered during your trial. It's important to understand that the process of filing an appeal and retrieving evidence can vary depending on the specific rules of the jurisdiction where your case was tried. Generally, the first step in filing an appeal is to notify the court that you intend to appeal. This is usually done through a notice of appeal, which must be filed within a specific time frame after the judgment or sentence. The exact time frame can vary, but it's often within 30 days (sometimes 60 days).

Once the notice of appeal is filed, you'll need to obtain the trial record, including transcripts of the proceedings and any evidence presented. This can be requested from the court clerk. It's important to review these materials thoroughly to identify any legal errors that occurred during the trial which could form the basis of your appeal.

In terms of representation, you have the right to seek a new attorney for your appeal if you're not satisfied with your current representation. An attorney experienced in appellate law can provide valuable guidance on the appeals process and help develop a strong argument for your case. They can also assist in drafting the appellate brief, which presents your arguments for why the trial court's decision should be reversed or modified.

Finally, it's crucial to stay informed and involved in your case. Regular communication with your attorney and a clear understanding of the strategy are key to effectively navigating the appeals process. Remember, the appeals process can be complex and time-consuming, so it's important to be patient and remain proactive in seeking justice.

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