Legal Question in Appeals and Writs in California
Violation of rights
I beleive my rights where violated. Because I was questioned befor I was read my rights. Also I signed a probation agreement but the term was not writen in at the time and was'nt untill I went to the probation office. Can I appeal this if so how. Thank you for your prompt responce
1 Answer from Attorneys
Re: Violation of rights
Did youy plead guilty, or did you have a trial? Did you (or your lawyer) make a motion to exclude evidence related to your questioning? If so, how did the court rule?
If you pled guilty there are relatively few arguments you can make on appeal. Those few include challenges to the denial of a motion to exclude evidence, as well as sentencing violations. Most other arguments after a guilty plea can only be made if the court issues a certificate of probable cause agreeing that the issue is appropriate for appellate review.
Whether you pled guilty or had a trial, there is a very strict deadline by which you must file your notice of appeal. If you miss that deadline there will be little you can do.
Feel free to contact me directly if you want to discuss your situation further. I am a certified appellate specialist (per the State Bar's Board of Legal Specialization) and I have a great deal of experience with both criminal and civil appeals.