Legal Question in Appeals and Writs in California

if at the time of arrest I was under extreme stress and depressed and really not thinking straight as if a switch had been turned off in my head. can I go back and appeal the charges for a temporary lapse in judgement.


Asked on 3/13/12, 6:47 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Your question doesn't explain what happened, either at the time of your arrest or in court. It isn't even clear that you've been to court yet.

Whatever may have happened, "temporary lapse in judgment" is not a defense in the trial court or a ground for appeal. It also is not a reason to exclude statements made to the police at the time of arrest. Under some circumstances, though, it may be relevant in a motion to withdraw a guilty plea or a plea of no contest.

Please feel free to contact me directly if you want to discuss your situation further -- especially if you are considering an appeal. I am certified by the State Bar of California Board of Legal Specialization as a specialist in appellate practice, and I have many years of experience in the field.

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Answered on 3/13/12, 8:01 pm
Terry A. Nelson Nelson & Lawless

If you were only arrested and haven't been convicted or plea bargained the charges, there is nothing to appeal. You get to 'defend' the charges in court. If serious about doing so, contact me.

If you mean you want to appeal a conviction after trial, or a plea bargain you entered, then you can do so if you have credible evidence that you were essentially 'incompetent at the time, and if you are willing to spend the substantial fees and costs of doing so. If so contact me.

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Answered on 3/14/12, 1:06 am


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