Legal Question in Criminal Law in California

Re: appeals

In answer to your specific questions:

1.What appeal forms should I file?

A notice of appeal.

2.Did the judge violate my constitutional or statutory rights?

That depends upon what happened. If you think the judge was required to Mirandize you, you're wrong. He does have to make sure you understand the consequences of your plea, which can be done either from the bench or via a form that you sign ahead of time.

a. if yes which code should I reference?

That depends upon what the judge did wrong.

2.The judge said what do you plead, I said nothing. What should the judge have said(regulation)

If you don't plead he probably should have entered a not guilty plea for you.

3.How long does the judge have to calendar a restitution cort date?

Offhand I don't know. Maybe another attorney can tell you.

4.How can I get voice recording of the court proceeding?

Few courts make such recordings. You can ask the clerk's office whether one was made and, if so, whether and how you can get a copy.

5.How can I get visual recording of the court proceeding?

See answer #4.

6.I want a copy of the cort files including the judges handwritten notes in the files

Most of the file is available for public inspection in the clerk's office. Portions of it (the police reports, for example) are likely to be sealed and you will not have access to them.

a. which regulation should I reference.

None. Just go to the clerk's office and ask to see the file.

7.I plan to plead not guilty at my restitution court date after my public defender bargained no lo contest.

Too late. You've already pled. If you want to change your plea you need to bring a motion for leave to do so. The motion will have to justify such unusual relief.

a. What does the judge say during this sentencing?

Do you mean the restitution hearing? There's no prepared script.