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

Q: Can I file an appeal from a case that happened in 2011? I did not know that I was a felon and need to fix this

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

A: Under California law, the timeframe for filing an appeal after a conviction is quite strict, typically within 60 days after the judgment or order in a felony case. Since your case occurred in 2011, the window for a direct appeal has long passed. However, there may be other legal avenues available to address your situation, depending on the specific circumstances of your case and any new evidence or legal changes that have occurred since your conviction.

One option might be to file a petition for a writ of habeas corpus if you believe your conviction was the result of a violation of your rights, such as ineffective assistance of counsel, or if there is new evidence that could prove your innocence. California law also provides for post-conviction relief mechanisms that could potentially set aside a conviction under certain conditions, such as a change in the law that applies retroactively to your case.

Given the complexity of post-conviction relief and the significant time that has elapsed since your conviction, it would be wise to seek legal advice. A legal professional can review the details of your case and advise you on the best course of action, including the possibility of seeking a pardon or other forms of relief that may be available to you. They can also help you understand the process and any potential challenges you may face in seeking to clear your name or reduce the impact of the conviction on your life.

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