Notice of Appeal
A misdemeanor appeal is a request to a higher court to review a decision made by the lower court concerning your case. Since the trial court for the misdemeanor is the Superior Court, Limited Jurisdiction, the appeal would be heard by the Appellate Division of the Superior Court.
You have thirty days from the date of the judgment or order to file the Notice of Appeal; a late notice will not be accepted. You must file your Notice of Appeal at the clerk's office where the trial was heard. The Notice of Appeal form can be obtained at the California Court web site: Notice of Appeal (Misdemeanor).
Court Appointed Lawyer
Since an appeal is usually a complicated matter, it is best to get the advice of a criminal appellate attorney. You always have the right to hire your own attorney. If you cannot afford an attorney, you may be entitled to a court appointed attorney to handle your misdemeanor appeal. If you think you might want to get a court-appointed attorney for your appeal, you can obtain the necessary form and information at the California Court web site: Request for Court-Appointed Lawyer in Misdemeanor.
An appeal is not going to be a new trial. The Appellate Division
will not consider any new evidence such as a witness who did not testify at the
original trial any other type of new evidence that was not presented earlier.
The original trial is the time to present all of your witnesses and all of your
exhibits. There is no filing fee for a criminal appeal.
The Appellate Division will consider an appeal that
claims that errors were made in the jury instructions about the law or
some other type of error in court procedure that caused prejudice to your
case. The Appellate Division can also be asked to see if there was sufficient
evidence to support the verdict. The Appellate Division will generally
not reconsider the original case to see if they would have decided it
Written by Patrick
H. Kelly, Attorney at Law
- Written by Patrick H. Kelly, Attorney at Law
History of Criminal Law
Three Strikes Law
Firearms and Weapons
White Collar Crime
- Appealing a Felony
- Appealing a Misdemeanor
- Appealing an Infraction
- Appellate Attorney
Post Conviction Relief
- Clear Criminal Record
- Felony Expungement
- Misdemeanor Expungement
California Penal Code
Selecting an Attorney
Criminal Law Specialist
California State Bar