Legal Question in Criminal Law in California

misdemeanor appeal after plea

I had a trespassing case which I pled guilty to just to avoid repeated out of town trips for a trial. I was unaware it would end up giving me a cri,inal record. Can this plea be appealed and request a trial?


Asked on 10/26/08, 3:33 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: misdemeanor appeal after plea

Your question really doesn't contain enough factual information to provide you with a accurate opinion. However, some general information is that you can appeal a charge if the notice of appeal is filed within 60 days of the date of sentencing.

Now, it also depends on how you were charged. If you were charged under CPC 602 or 602.5 and there were no additional charges, such as felony vandalism, or something along those lines, then you could request an expungement under CPC 1203.4. This would essential hide the record from most people or entities. Such as for purposes of jobs applications. Unless the position is with the Federal or a State agency. Especially if it involved any type of law enforcement positions or legal positions. Under those circumstances just admit the charge and explain it. Most of the time they just want to know that your not lying about it. I would suggest consulting with an attorney in your local area. If you do not know of any attorneys you can always contact the local county bar association and ask for a referral to an attorney. Good luck

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Answered on 10/26/08, 7:58 pm


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