To appeal a case does it happen automatically or do I need to fill something to appeal it?

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To appeal a case does it happen automatically or do I need to fill something to appeal it?

Asked on December 23, 2012 under Criminal Law, California

Answers:

David West / West & Corvelli

Answered 8 years ago | Contributor

An appeal is not automatic in a criminal case.  If you are appealing a conviction following a trial then you ordinarily must file a Motion For New Trial within 30 days of the date you were sentenced to preserve your right to appeal that conviction.  

If you are seeking to appeal the denial of a motion or some other pre-trial matter then you may also do this but you usually have to file for what is called an interlocutory appeal within ten days of the decision that you wish to appeal.

It is VERY important that you know the time limitations for filing an appeal in the state in which your case has occured as filing an appeal after these time limits have passed may be impossible or very difficult.  

Most people need the assistance of a trained criminal appeals lawyer such as myself to have a reasonable chance of prevailing in their appeal.  An appeal attorney knows the deadlines, knows exactly what documents to file in your specific case and knows what items to collect to prepare your appeal properly such as transcripts, court records and evidence.

You should consult with a lawyer who specialized in appeals work and who offers free consultations to find out what your options are.  Move quickly as these time limits will not wait for you to act!

David West

Attorney at Law

David West / David West & Associates

Answered 8 years ago | Contributor

An appeal is not automatic in a criminal case.  If you are appealing a conviction following a trial then you ordinarily must file a Motion For New Trial within 30 days of the date you were sentenced to preserve your right to appeal that conviction.  

If you are seeking to appeal the denial of a motion or some other pre-trial matter then you may also do this but you usually have to file for what is called an interlocutory appeal within ten days of the decision that you wish to appeal.

It is VERY important that you know the time limitations for filing an appeal in the state in which your case has occured as filing an appeal after these time limits have passed may be impossible or very difficult.  

Most people need the assistance of a trained criminal appeals lawyer such as myself to have a reasonable chance of prevailing in their appeal.  An appeal attorney knows the deadlines, knows exactly what documents to file in your specific case and knows what items to collect to prepare your appeal properly such as transcripts, court records and evidence.

You should consult with a lawyer who specialized in appeals work and who offers free consultations to find out what your options are.  Move quickly as these time limits will not wait for you to act!

David West

Attorney at Law


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