California has something known as the Notice of Misdemeanor Appeal, known as a CR-132 form, which is used specifically for appealing misdemeanor cases. When you believe that you are eligible for an appeal, you must file a misdemeanor appeal with the Appellate Division of the Superior Court. You have 30 days to do so after the judgment or order. However, just because you file your notice of appeal does not mean that your sentence will be put on hold.
If you have appealed a misdemeanor and want the Appellate to consider legal issues that were raised during the trial proceedings, you will need to provide a record. Records may include a reporter’s transcript, an official electronic recording, or a statement on appeal. However, you must be prepared to pay the costs associated with obtaining these records until the court waives your fees (if you qualify).
Transferring Misdemeanor Appeals to the Higher Court
In some cases, even though it is rare, a misdemeanor appeal may be transferred from the Appellate Division to the Court of Appeal. You can have the case transferred as long as you believe that the division was unable to secure uniformity of decision or settle an important question of law. However, you must do so within 15 days of their initial decision.
Because California misdemeanor appeals have specific and strict deadlines, you must be ready to comply with these regulations. You should always hire an attorney for your misdemeanor case so that you can have an experienced voice on your side who can help you through a wide array of important issues. Call us today for more information on how we can help.