Legal Question in Appeals and Writs in California
I was found "not guilty" by jury trial of hit and run, now have been ordered to pay the car for that same crime(different case). She actually hit me and left and her insurance had already paid her the total amt, now they came after me PLUS court costs how do I appeal to the "panel" of judges? this was advised to me by judge that ordered me to pay(he thought this was ridiculous)
3 Answers from Attorneys
It sounds like you were sued in a civil court, after being acquitted in a criminal court. The standard of proof is much higher in a criminal proceeding, so a not guilty verdict has no consequence in a civil proceeding. You need to speak to an attorney as soon as possible to find out what happened in the civil case, as it sounds like that is what you want appealed. Do not waste time on this, as appellate proceedings have strict time lines.
My hunch about what happened is the same as Mr. Roach's. It's very common for someone who was acquitted in criminal court to lose a civil lawsuit related to the same events. (Remember O. J. Simpson?)
There is no contradiction between the two outcomes. The jury in your criminal case did not declare you innocent. It only said your guilt had not been proved beyond a reasonable doubt. The civil case involved a lower standard of proof.
The civil case may also have involved different factual questions. For example, the criminal case probably focused on your state of mind at the time of the accident. That issue was probably less important in your civil case.
The fact that you lost the civil case after being acquitted does not mean you deserve to win on appeal. But there might be other reasons why you should win. Please feel free to contact me directly if you want to discuss you case. I'm a certified specialist in appellate practice (per the State Bar of California's Board of Legal Specialization) with many years of experience in the field.
As Mr. Roach notes, there are strict time limits for filing a notice of appeal. I don't know how much time you have left, if any. You should start talking to lawyers ASAP. The best one to start with is the one who represented you at trial. She can probably answer a lot of your questions, and may be willing to represent you in the appellate court.
Good luck.
If you are up against the wall on the time issue. You might go to your local law library and get either a form or a model and then file it in the clerk's office at the civil court. In any case you will need to see a lawyer soon.
Related Questions & Answers
-
Does my small business have to have handicap parking? Asked 12/18/13, 4:08 pm in United States California Appeals and Writs