Indio Appeals Lawyer
Serving the Palm Desert Since 2012
An appeal—criminal or civil—is not a new trial or motion, and is bound by strict time deadlines. The purpose of an appeal is to review the trial court proceedings to see if the law was followed. At the Law Offices of Anastacio De La Cruz, our Indio appeals lawyer can help you determine if appealing a decision is the right choice for you. Let us help you fight for your freedom with post conviction relief.
What Is an Appeal?
An appeal deals only with issues shown in the transcripts (also known as the “record”).
The transcripts include:
- The documents in the trial court files
- A court reporter’s word-for-word record of what happened in the courtroom
The Court of Appeal does not hear witnesses or take new evidence.
The Court of Appeal has no power to decide questions of fact, such as whether a certain witness was lying. It doesn’t pronounce on whether a defendant is “guilty” or “innocent.” It has no power to decide what sentence someone should actually get (as opposed to whether there was an error in the sentence that they did get). Such decisions are made only by the jury or trial judge.
If you feel an error of law was made either at trial or during a criminal motion to suppress, you need an attorney experienced in post-conviction relief to help determine whether an appeal is an appropriate course of action in your case.
How Long do you Have to File an Appeal in California?
In California, you have 60 days to file an appeal. There are certain exceptions to this rule such as:
In matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 60 days after the referee's order becomes final under rule 5.540(c).
When an application for rehearing of an order of a referee not acting as a temporary judge is denied under rule 5.542, a notice of appeal from the referee's order must be filed within 60 days after that order is served under rule 5.538(b)(3) or 30 days after entry of the order denying rehearing, whichever is later.
How We Help Our Clients
In 2017, Ms. Red, a United States Citizen, was arrested for a suspicion of DUI. After reviewing the police report and accompanying video, Mr. De La Cruz was able to get the officer to admit several key facts which would have made the stop of the vehicle unlawful. Unfortunately, the trial court was not persuaded, even when the law was clear.
Mr. De La Cruz was able to effectively articulate to the Court of Appeals that the officer in fact violated Ms. Red’s Fourth Amendment and reversed the trial court’s decision on appeal and suppressed all evidence obtained after the illegal stop. The prosecution was unable to proceed, and the charges against Ms. Red were dismissed- nearly two years after the arrest took place.
Let the Law Offices of Anastacio De La Cruz help you fight for a fair trial. Call (760) 610-0606 now.
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