Legal Question in Criminal Law in California

Re: misdemeanor trial

You won't get a trial unless and until you win your appeal, which is very unlikely. Appeals following guilty pleas can only succeed under very limited circumstances, and even then they usually fail. They are also very time sensitive. Depending upon the type of argument you want to make, you may need to get authorization from the trial judge -- and this authorization must be filed along with the notice of appeal before your time runs out.

If you do get a new trial, be sure to demand a jury. You can change your mind later and waive your right to a jury trial; it is much harder to reclaim that right after you waive it.

The differences between court trials and jury trials all relate to the presence or absence of the jury. In court trials, for example, there is no need to come up with jury instructions or to go through jury selection. Opening statements and closing arguments are simpler, too, since there is no need to explain basic principles to the judge. Depending upon the nature of the charges and the temperament of the particular judge, you may feel more comfortable letting her decide the case on her own.