Legal Question in Criminal Law in California

Re: Cert. of Probable cause

Appeals are costly in attorney fees and costs. I'd be happy to help, once those issues are handled. There are a whole series of rules and procedures to be followed; if you try to do this yourself, you'll need to become fully educated in the legal procedures and rules, legal research, effective pleading writing, argument and persuasion, etc. Otherwise, hire an attorney. The first step is to pay to have the file and your claims reviewed to see if they provide valid and decent grounds for appeal. Feel free to contact me if serious about doing so.

Re: Cert. of Probable cause

Writs and Appeals are costly in attorney fees and costs. I'd be happy to help, once those payment issues are handled. There are a whole series of rules and procedures to be followed; if you try to do this yourself, you'll need to become fully educated in the legal procedures and rules, legal research, effective pleading writing, argument and persuasion, etc. To start, look in the law library to research the format and service requirements for the Notice of Appeal. You'll also have to get the trial transcript and file.

Otherwise, hire an attorney. The first step is to pay to have the file and your claims reviewed to see if they provide valid and decent grounds for appeal. Feel free to contact me if serious about doing so.

Re: Cert. of Probable cause

You only need a certificate of probable cause (CPC) if you pled guilty or no contest and if your appeal is based upon something other than the denial of a motion to suppress, the failure of the court to ensure that you understood the consequences of your plea, or an order (usually the sentence) that is made after the plea was accepted.

If you do need a CPC, you will have to get it from the judge who accepted the plea. Some judges grant CPC's more readily than others, and some take more time than others.

You *must* meet the deadline for filing your appeal, whether you have a CPC by then or not. If your notice of appeal is late, the Court of Appeal will have no jurisdiction to consider your case. Ten days before this deadline is awfully late -- perhaps too late -- to be starting the CPC process.

As Mr. Nelson has explained, appeals are not simple. Filing a timely notice of appeal is the easy part.

I am certified by the State Bar as a specialist in appellate practice. Only about 260 lawyers in California have this certification, and many of them only handle civil cases. You should feel free to contact me directly if you want to discuss your case further.