Legal Question in Criminal Law in California

appeals

I was recently charged with 3 felony counts that my public defender said if I took a plea bargain from the da they would drop two counts and plea to the lesser of the three would be reduced to a misdemeaner at sentencing. Well it wasn't and now I have been given 60 days in jail and 300 hours of community service plus a load of fines, fees and restitution. How do I go about filing for an appeal in this case beofre it goes any further?


Asked on 9/10/07, 5:45 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: appeals

What makes you think your charge wasn't reduced to a misdemeanor? You received a misdemeanor sentence, which strongly suggests that you were not convicted of a felony.

If you want to appeal, tell your PD to file a notice of appeal for you. The notice must be filed relatively soon after judgment is entered, so he should act without delay.

Pleading guilty eliminates most of the arguments you might otherwise be able to make on appeal. You can, however, argue that you were not adequately advised of the consequences of your plea. This argument usually won't work, since judges are pretty good about explaining these consequences on the record at the time of sentencing.

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Answered on 9/10/07, 6:04 pm


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