Legal Question in Criminal Law in California

Re: Legal process

An appeal to the court of appeals would , in most states, would be the next step. You need to find a competent attorney who specializes in appeals. Thank you for your question. Dave Wallin

Re: Legal process

In California, denial of a motion to suppress is not appealable. You can plead guilty and then appeal the denial of your motion, but that is a very risky strategy; you would be waiving your right to a trial, and would also waive almost every other issue that might be available to you on appeal. If the appeal fails, you will be stuck with your plea.

Another option is to bring a writ petition. Such a petition asks the Court of Appeal to intervene in an ongoing Superior Court case. The appellate court seldom grants such petitions, but it will often act when the circumstances justify its intervention.

Your third option is to proceed toward trial. If you are convicted you will be able to raise the denial of your motion to suppress as part of the appeal from your conviction and sentence.

Please feel free to contact me directly if you want to discuss your options further. I am certified by the State Bar's Board of Legal Specialization as a specialist in appellate practice, so I may be able to help you.

Re: Legal process

Hire an experienced criminal law attorney or if you can't afford to, then you need to ask the court to appoint a public defender to represent you. The criminal appeal process is not simple!