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Grounds for Filing a California Misdemeanor Appeal

By Neil Shouse, Esq.

The fact that you believe you were unfairly convicted for driving under the influence may or may not provide grounds on which you may file a misdemeanor appeal in California. If you think the cops harassed you, were too hard on you, that the jury didn?t like you or your lawyer?these are, unfortunately, not legitimate reasons for filing a misdemeanor appeal. If, however, you believe you were unfairly convicted because your attorney was incompetent, because the prosecutor acted unethically, because the jury based its verdict on an outside investigation, or because the judge sentenced you to a jail or prison sentence that exceeded his/her authority, those would be legitimate reasons for filing a misdemeanor appeal. This is because a California misdemeanor appeal must be based on (1) a legal error, and (2) on a legal error that caused you prejudice...continue to full post

Full post as published by DUI Blogger on November 10, 2010 (boomark / email).