Can I appeal my case if the judge did not handle my case correctly?

UPDATED: Oct 1, 2022

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Can I appeal my case if the judge did not handle my case correctly?

I had pictures that he did not even look at. He and the officer were laughing at me when he asked if the officer had to use a speaker to pull me over, which he did not. The officer lied in court that he used a laser and even if he had, it was been almost 3 years since calibrating it. The officer never asked me if I knew how fast I was going. He told the judge he did. He says he has tape of whole conversation, I would like to hear the tape. He yelled at me the whole time. Can I appeal my case judge found me guilty for 30 miles over speed limit. No traffic school. I drive Uber they may not let me drive because of this.

Asked on June 15, 2018 under General Practice, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, you have the right to appeal: the question is, is it worth it?
1) Appeals have costs--typically not large, but depending on your state's court rules, it will be $50 - $200, typically.
2) You will have to pay for written transcripts of the court hearing you are appealing: this can cost up to a few hundred dollars, depending on length.
3) Even if you win the appeal, you will typically not win entirely; rather, the court will usually "remand" the case back to the trial court to do over, so all you win is the right to go to trial again with a chance, of course, of losing anyway.
If you are determined to appeal despite the above factors, download a copy of your state's court rules and speak to the court clerk's office to find the procedures and requirements.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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