Legal Question in Criminal Law in California

Can i appeal prelim. Judgement?

Can i appeal a peliminary judgement ? If so how? The judge believed the cops and they lied thier ass off! All of the proof and witness' i had the judge still sided with the cops!! Help!!! Please


Asked on 8/18/08, 7:46 pm

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Can i appeal prelim. Judgement?

Sounds like you are talking about a Preliminary Hearing, not preliminary judgment. There is no such thing as a preliminary judgment.

Yes, there is a motion you can file, called a 995, which is designed to overrule judge's decision at the Preliminary Hearing. This motion is very limited in what it can do, but you should ask your lawyer. If you do not have a lawyer, you need to get one asap. Only a lawyer well familiar with the facts of your case can help you.

Also, you will have the opportunity to expose the cops' lies at trial.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 8/18/08, 8:06 pm
Seth Curtis Law Office of Seth Curtis

Re: Can i appeal prelim. Judgement?

You can file a writ regarding a holding order on a preliminary hearing. Unfortunately the standard at a preliminary hearing is less than that of a trial and the only ones who often testify are officers.

Appellate courts will generally not touch a holding order when it is decided based upon the believability of a witness as the court hearing the testimony is in a better position to judge the credibility of the witness.

If you would like to talk about your case i would be happy to speak with you regarding this matter.

Seth Curtis

Law Office of Seth Curtis

Read more
Answered on 8/18/08, 9:08 pm


Related Questions & Answers

More Criminal Law questions and answers in California