DUI Appeals
Appeals/Writs
An appeal is when a defendant (appellant/petitioner) decides to ask a higher appellate court to change or rethink their conviction or sentence for a conviction. This can be done only once a final judgment is entered by the trial court, and sometimes as soon as within seven to ten days of the final judgment. On a misdemeanor, a Notice of Appeal has to be filed before 30 days after judgment, and for a felony it must be filed within 60 days. Appeals may last many months. A defendant who received a not guilty on all charges (acquitted) would not appeal, but if the defendant feels that they were wrongly convicted may ask a judge to rule over a jury’s previous guilty verdict to a not guilty, or a new trial, or a conviction reversal. Under many circumstances convictions are not reversed, unless the defendant’s substantial right was affected.
It is important to have an attorney (also known as the appellee or respondent when referring to an appeal) who is knowledgeable about appeals, as self-representation can be extremely difficult and involve a high level of risk. The rules for appeals are extensive, right down to the size, color, ordering trial transcripts and binding of the legal documents involved and most people do not have the experience or knowledge to proceed with an appeal without counsel. No new evidence may be considered, only what was presented in the original trial. Additionally, anything that is not on the record (hand gestures, comments, requests not made) cannot be brought up in the appeal. For more information contact Barney B. Gibbs, Attorney at Law, in Orange County, California.
A knowledgeable attorney will know which records to present to the judge in order to show which information is important in reconsidering the case. The right attorney will also know what to put in your offer of proof (a copy of what the witness will say). Without a good offer of proof, the appeal may be denied. Once the notice of appeal has been filed, a schedule will be set by the appellate court which will tell when to appear in court as well as when certain papers are to be filed. There will normally be three appellate briefs as well; the opening one from the appellant, a response one from the respondent, and a reply from the appellant. Once the briefs are filed, counsel may argue the appeal for a normally short period of time.
The Appellate Division of the Superior Court has control of Superior Court misdemeanor convictions (appeals for misdemeanors or infractions are heard in Superior Court Appellate Division). Before municipal and superior courts were combined, they were tried in Municipal. When an appeal was made it went to the Appellate Division, which meant that the appeal went to a separate group of people. Now, although still different people, the combining of the two courts has made it so that appeals are looked at by people on the same bench who may know each other. It is now permitted for a petition for review to be filed to the Court of Appeal, including cases where a refusal of a request for transfer and/or certification has been denied.
In most criminal cases, the sentencing is typically the judgment. Oftentimes the words judgment and conviction are interchangeable, especially when referring to an appeal. Although it may be confusing as to when the final judgment actually occurs, it is sometimes possible for counsel to file an appeal early. A Notice of Appeal may at times be filed on a District Attorney, which is up to the discretion of counsel. If the attorney who does the trial believes that the defendant wants to appeal and will be unable to pay for counsel, he/she must file an application for the appellate division to appoint counsel.
Any judge who is involved in a certain litigation will be disqualified from being included on an appellate panel that may be related to that case. Disqualification also includes if the judge was involved in a contested pretrial, in order to make sure that the judgment is impartial and fair.
If someone chooses not to retain a private attorney because of financial reasons, the appeal must be filed stating that the defendant will be representing him/herself. Following this, counsel is asked to be appointed. If a specific attorney is appointed during a time of trial, this same attorney usually represents the person on an appeal. For convicted misdemeanors that may lead to incarceration or fines that total more than $500, the appellate division will appoint an attorney for the defendant. A Notice of Appeal may also contain information regarding the outcome of the appeal, such as the grant of release on own recognizance or an order staying custody.
In the case that the defendant who wants the appeal had appointed counsel during the trial, an application for an attorney will state such. In the case that the defendant did not have an attorney during the trial, the application will state that as well as include evidence to support the fact that the defendant is unable to pay for an attorney. It may take some time for the court to look over the application in order to decide if they will appoint counsel for the appeal. If the court discovers that the defendant was financially able to pay for his attorney during trial, then the defendant may have to pay some or all of the cost for any appointed attorney. When the court appoints counsel, be advised that that counsel is chosen for you, so who you are appointed may not be someone you would have chosen on your own. This is why many people chose to go the route of a private attorney. Private attorneys (like Barney B. Gibbs, Attorney at Law, Orange County, CA) are normally able to invest more time into your individual case than a public defendant appointed by the court.
When there is a plea of guilty, an appeal that is taken (except in cases of the denial of a motion to suppress evidence or grounds that came up after the actual plea), a statement regarding the existence of jurisdictional, constitutional grounds, or others that go to the legality of the plea and its proceedings must be submitted by the appellant and filed with the appeal. The court may then take 20 days to decide whether to deny the Certificate of Probable Case or sign it. In order to ensure that you are able to do this, the plea form should state that a certificate of probable cause will be issued by the Court.
The Appellant has to tell the court (within 20 days) whether or not he/she wants to record the oral proceedings that take place in the court. There are a few ways in which this can be done: an electronic recording or a reporter’s transcript. Normally, a written transcript will suffice, but in the instance that it may be important to note the way that someone states something, an electronic recording may be better. Within 20 days of filing the Record Preparation Election (above), the appellant has yet another 20 days to file a Proposed Statement On Appeal. This is done when the appellant wants the Appellate Division to actually see the record (this must be settled as well as certified before it is sent). Your attorney will know what to do if the deadline for this is missed.
In addition to the Record Preparation Election, the Proposed Statement On Appeal should include any points that will be brought up on the appeal, a brief version of any of the oral proceedings that that might be relevant to the appeal, a summary of the defendant’s sentence, as much evidence (possibly is answer and question format) as possible for support and statements on why what such evidence is either insufficient or clarifying why any of the grounds for the appeal are legitimate.
Any of the evidence that is not included in the appellant’s statement will be considered as support of the judgment/conviction. Also, any changes made after certification must be done properly or they will be waived. Ten days after the appellant files the statement, counsel may file and serve amendments, and within 10 days after that (whether or not the respondent files and serves amendments or not) and hearing may be requested in order to review the statement. In some cases if there is no request for a hearing, a judge may order one. If the judge orders a hearing, the judge must make any changes to the statement after the hearing within 10 days. If there is no hearing, the judge must look over the statement and amendments to make sure that it is a correct brief description of the trial. A trial may also order a copy of the original recording or transcript, instead of modifying a Proposed Statement On Appeal.
If there are any corrections or changes to be made to the statement, the revised copy of must be sent to any parties involved. Any corrections that any of the parties make to the original revisions must be served and filed within 10 days. Extensions of up to 15 days may be granted by the court for good reason at any time. A dismissal of charges can happen if there are substantial delays in the certifying and settling process of the record of the appeal. It is extremely important that your attorney understands the many deadlines involved in the appeal process.
The court lets all parties know once the Appellate Department gets the Settled Statement on Appeal and the record on appeal. The court makes sure that all parties are aware of the fact that 3 things must be filed: the Opening Brief (within 30 days), the Respondent’s Brief (within 30 days after that), and the Reply Brief (another 20 days after). If the deadlines for these briefs are not met, a default notice may be sent by the clerk and the party may receive another 30 days. With a minimum of 20 days notice the court arranges the date for the oral argument and will notify all parties of this date. Ten minutes is the normal time each party will get to argue, although the time may be extended per the Court’s discretion.
Briefs must contain support of a legal nature to specific arguments. The points must be presents individually, with separate headings, and their corresponding legal support. There are also rules as to the size, font, quoting, indentation, length (which can be extended by a judge), and word count. Other technicalities, like a cover letter, what is being appealed from statement, name and address, case numbers, type of brief, table of contents and more are not required but may be added at the discretion of counsel.
Any briefs and petitions for rehearing and review are considered to be filed by the date in which they are postmarked, or the date in which they are given to an agreed upon carrier (with a receipt) for overnight delivery. There is currently no such rule for the filing of misdemeanor appeals. Thirty days after a judgment made by the Appellate Division is filed it is considered final, unless a publication is made beforehand at which point the decision is final 30 days from then. Fifteen days after filing the decision, a petition for a rehearing may be filed (or 15 days after a publication was ordered). Under no circumstances will the time period for a rehearing be extended.
If the judge for the new trial is the same as the first, a peremptory challenge may be made within 60 days of notice of the presiding judge. Some cases may be transferred to the Court of Appeal by the Appellate division if it is stated on a party’s application or if the division decides to on its own. The reasons why a transfer is needed must be stated on the application for certification and must be made after the record on appeal is filed but within 15 days after the judgment. If the transfer is denied, a petition can be filed to the Court of Appeal by a party.
The prosecution must be speedy after a remittitur in putting a case on calendar (speedy trial right). Towards the end of a probationary period in a misdemeanor case, if the remittitur is issued, the court is able to revoke probation if the jail term is stayed. It is reported to the DMV that there was a reversal on an appeal, but it will remain public record (the conviction). One judge (of the appellate division) may hear traffic infraction appeals.
Another type of communication between someone in the legal system with more power to someone with less, or between higher and lower courts, is called a writ. A writ is technically an order. A writ can be used if there is a matter in which the defendant is unable to appeal, needs matters handled urgently, an appeal had been denied (there is a right to only one appeal), or other unique circumstances. Writs also include many small details and are extremely complicated, and the law is always changing.
A writ of habeas corpus is an order to a place that is holding a person (such as a prison or other institution) from a court telling them to bring the person in custody to that court. This happens when someone wants to dispute their prison conditions. The government is not allowed to delay writs (except perhaps in times of war). Some countries may hold people in prison for years. It is the right of any person (citizen) held in custody to order a habeas corpus writ so that prisons must be held accountable for the conditions and length of time in which they hold people. A habeas corpus writ may also ask to dispute a conviction if the defendant did not know they had a right to an attorney, set bail (or possibly reduce it), if the government convicted someone of breaking a law when they had no power to convict the person of such, to challenge a conviction if a law changes, and more. Laws regarding writs can vary by state, and the Law Offices of Barney B. Gibbs (located in Orange County, CA) works with the laws in California every day.
There are other types of writs as well. A writ of mandate (Mandamus), or writ of prohibition (sometimes interchangeable), is an order to lower courts. This is usually done to tell them to do something or make sure that they do not overstep their legal limits and are not violating the law. These writs are usually done after a trial, like appeals, but in certain cases they may be done before or during a trial. For example, if a defendant feels that there is information that needs (that can be obtained from a lower court, for instance) to be brought the judge’s attention he may request a writ so that the information may be brought from the lower court. Before a writ is done, a person must first try to settle and grievances with the institution. In reference to whether the acts are quasi-legislative or quasi-judicial, they will be reviewed by traditional mandate or administrative mandate respectively.
Traditional mandate normally involves questioning whether the decision had enough evidence, as opposed to an administrative mandate in which the question is whether the evidence that exists does indeed support the decision. Traditional mandate can also involve questioning the interpretation of a specific statute or law (independent judgment may be used by the court in deciding if the interpretation of a law or statute is acceptable). Administrative may include the same, as well as if the authority limits were exceeded by the department involved. Additionally, any time a person’s fundamental right (such as the right to drive, which a suspension of a driver’s license can put a stop to) has been jeopardized, the court will review the records.
Normally, an administrative agency (like the DMV) is presumed to be correct, although the court’s independent judgment may overrule the agency’s decision if found to be faulty. When talking about the Vehicle Code, the DMV believes that its interpretation should be given deference when it comes to judicial review. The courts agree, but only if after review it is discovered that the DMV can thoroughly back up the decision made and the reasoning behind the decision is valid. The court has a tendency to give the DMV more deference to a specific agency when referring to a regulation that they have been given the power to enforce, as opposed to a statute. The driver may also ask the department to review a decision within 15 days of a decision before filing a writ, although this action is normally pointless as the decision is most often upheld.
There are two statutory time limits set forth regarding a drunk driving stop with a Stop n’ Snatch police officer (when pulled over for a suspected DUI, an officer is able to take a person’s license and immediately suspending driving privileges). Judicial review must be requested within 30 days, and administrative review within 90 days. There are no time extensions for filing a petition for judicial review when a suspension order is mailed so one must pay close attention to when an order is filed, not served. A mailed order may push back the start of a suspension, which may or may not change the timeline. Even if the DMV is late in preparing a transcript, there are no extensions so writs must be prepared on time and transcripts ordered as quickly as possible.
When a petitioner requests a record the DMV must send a complete copy. When preparing a record for review, the costs involved can vary, and it may be possible to request a copy of the tape and have a shorthand reporter transcribe it, and then you would have to get it certified. Another option is to record a DMV hearing on your own and have it authenticated by a reporter’s statement so that you don’t have to wait for the DMV to send you a copy. If the record of a DMV hearing is lost (by the DMV) or defective, the suspension is set aside or there is an order for a rehearing.
If there is a repeat hearing due to the fact that the DMV has lost a record, the DMV must pay for all the costs included in the rehearing (including payment of expert witnesses). The DMV has to supply the court with an adequate record for review, and if they are unable to or refuse to pay the cost for a rehearing, the suspension must be set aside.
The license holder (petitioner) is able to file for a review of an order in their home county. The courts have jurisdiction to hear mandamus petitions over the DMV because of constitutional sources, so even if the DMV states that the petitioner filed for a review of an order in the wrong county (a county other than the one where the DMV is located), the court has the power to agree to let the petitioner file there. It may be for the convenience of all witnesses if most reside in the area that the petitioner filed. If the driver lives anywhere outside of the state of California, the venue is allowed to be in any California County.
The review for the hearing will only go off of the record of the hearing and no other evidence, unless evidence that should have been in the record of the hearing was wrongly excluded. Attorneys must be aware of all evidence submitted in order to utilize any objection needed so that any evidence that is improper is not included in the record. At least 5 days before there is a hearing, the person petitioning (not the agency) must give the court a sufficient enough record so that it is able to decide whether or not to proceed with the hearing. If there is enough evidence to support the petitioner in the claim that there were wrongful actions by the agency, the hearing will continue. The petitioner is not allowed to only submit that which supports his/her side, the record must be complete and accurately represent both sides. The agency does not have to give the court a record at this time.
If the agency is found to take action that is not consistent with regulations (capricious and/or arbitrary actions), the court will award attorney’s fees to the petitioner. The court does not have a choice in this matter. If the court finds that the agency’s actions were not capricious or arbitrary, even if a license suspension is set aside, they may not award attorney’s fees. There are other instances where attorney’s fees may not be awarded as well, but as long as the actions are found to specifically be considered capricious or arbitrary the fees will be awarded. Attorney’s fees can vary, so for more information, contact Barney B. Gibbs, Attorney at Law, in Orange County, California.
Some Superior Courts do not like alternative writs. They prefer the petition and motion method in which the petition is filed and then served, as opposed to serving the opposing party before filing with the court. The clerk at the court that you will be filing with will be able to let you know which method is used in that particular court. Many attorneys who frequent the same courts will already know this information.
When serving via fax, one must first ask the DMV if they are willing and/or able to accept by that method. If the DMV agrees that it must be written in writing. There must also be proof if done by overnight carrier. Many DMV offices may not have to the correct equipment to receive faxes. In a civil action it is not necessary to serve a summons along with the petition since they are served in the same way in this type of action. If a person’s license is not suspended for any other reason, the DMV typically agrees to let the (alternative) writ be filed with the court before being served to them. The writ must be served to the director of the DMV Legal Office after it has been filed and signed. Your attorney should know where to find process servers, or they may be found in the yellow pages, or they may be done by mail (in which case the DMV must send back an acknowledgment of receipt). The cost to file a writ changes often but can be estimated at around a few hundred dollars.
After a writ hearing, the court may order a rehearing for the driver (only for a writ hearing). The court may also tell the DMV that they must take back their order to suspend or revoke a license and that they must give the person a new license. This means that the courts power only includes the ability to support or remove whatever decision the DMV has made regarding driving privileges. In cases in the past, the court has ruled that suspensions be set aside for lack of sufficient scientific evidence regarding a blood or breath alcohol test, due process violations (a person’s legal rights), and more. Action must be taken any time that a person’s legal rights have been violated, like the denial of proper notice or an opportunity to be heard.
At one point, it was ruled that someone who drove a commercial vehicle for work was allowed a restricted license to drive that commercial vehicle for work, but someone who drove a non-commercial vehicle for work was unable to have a restricted license. Around this time, other driver’s (non-commercial) were allowed to have a restricted license comparable to that of commercial drivers. The court states that it is not a fundamental right (the right to drive), so there is no violation of equal rights when comparing commercial drivers to all other types of drivers since commercial drivers have been granted special privileges. The court holds that they are not denying the right to work, but the right to drive. It is asked that the court look separately at cases of occupationally non-commercial licensed drivers and commercially licensed drivers to others who do not drive for work (as opposed to those who need to drive only to and from work, not as part of their occupation).
Certain forms that are worded in such a way that the court is more likely to pay attention are utilized by attorneys who have had experience in the field. An Ex Parte Application (one party only) may be filed for a fee and notice must be given by 10 a.m. the day before. The costs for filing an Ex Parte are as follows: $320 filing fee, $120 minimum deposit for transcript of Hearing to the DMV, $40 to file the application, and possibly $15 for the issuance of the writ. These fees may change at any time.
If there is a denial of continuance that is improper, within 10 working days there is a writ petition that must be filed for judicial relief. Although this type of writ does not help when the Superior Court is needed to dismiss a case where the DMV has given itself a continuance that it improper, as it does not cover dismissals. After a hearing decision an administrative mandamus writ (which cannot be used before a final decision).
The C.C.P. Section 1085 writ may be the best course of action because while the writ is decided, the Superior Court is able to review an administrative agency’s (ex. DMV) non-final order. This writ encompasses improper continuances as well as improper delays in setting a date for a hearing. Before filing a Section 1085 writ, you must mention that all other avenues have been traveled before getting to this point, which can include simply writing an objection to a delay previous to the writ and it was denied by the DMV.
There are certain steps that must be taken in filing a writ. It must be decided whether filing a writ is the proper action to take-and if so, a driving record must be obtained as well as verification for the Ex Parte and the Petition. In addition, transcripts must be ordered, the Attorney General’s office notified, petitions filed and fees paid, possible Alternative Writs (if granted, must be sent to the DMV), hearing dates must be set, Respondent’s brief reviewed and replied to, and more. To ensure that all of the proper steps are followed, it is important that an attorney with experience (such as Barney B. Gibbs, Attorney at Law, in Orange County, CA) is retained.
An appeal of the Superior Court decision begins with a $600 fee just to file the appeal. This is just the beginning cost, as there are also fees for transcripts which can be even more expensive. Oral arguments are not normally scheduled until a year after the Notice of Appeal has been filed. There are specific forms to be meticulously filed out with this type of appeal (and honestly, all others) and deadlines to follow. Within 180 days of Judgment or 60 days of Notice of Entry of Judgment the Notice of Appeal must be filed. When filing an appeal of the Superior Court decision, the standard of review is contingent on whether there is enough substantial evidence supporting the decision of the trial court. The review is normally done in favor of the trial court.
A writ of supersedeas must be filed with the Court of Appeal when seeking appellate review in order to get a stay. It will be verified, contain the same name as the appeal as well as the reasons supporting the filing of the writ, and will be reviewed while the appeal is pending. A copy of the judgment, a statement as to why the review is necessary, the date of the entry of the judgment and notice of appeal will be with the petition if the record on appeal is filed somewhere other than with the reviewing court. Without service on the respondent, a request for stay while waiting for the decision on the writ can be made separately, or with the petition (unless custody of a minor is the case).
If the case involves a minor, a hearing must be granted in order to change custody, but in other cases the reviewing court may issue a writ for any reason they see fit. If issued, the trial court must be notified by the reviewing court. The respondent must have a chance to file material facts that are in opposition to the writ of supersedeas before it can be issued. After the petition has been filed (and points and authorities supporting it), the respondent has 15 days to file the opposition. While waiting for the decision, a temporary stay is sometimes granted.
In the case where a suspension ends prior to the oral arguments, the subject is no longer open for debate. The court will only continue its review if the decision will provide relief. If the original reason for the problem no longer exists, the court cannot make a judgment, and the appeal will be dismissed. The only other issue that the court will still look at is whether or not to cover attorney’s costs.
If the suspension by the DMV is found to be incorrect, many of the other issues that are associated with a license suspension will not happen, such as the filing of an SR-22 which can significantly raise insurance rates. An SR-22 form (proof of financial responsibility) has to be filed if a driver has his license suspended. If the court finds the suspension erroneous, then any DUI violation made within 7 years will not receive a worse punishment due to a conviction on the driver’s driving record.
When an order is remanded back to the trial court for further proceedings, it may not be appealed.
In regards to a rehearing, the reviewing court may order on decisions not yet made final. It must be filed with the clerk’s office before a final decision is made, unless the office is closed on the final day, in which case it must be filed on the next open day. The petition for rehearing may be filed 15 days after: the filing of consent, an order modifying the appellate judgment, a restart of the finality period (if no petition for rehearing has previously been filed), and the decision filing. There must be no response filed to a petition for rehearing unless the clerk sends a request for response by the court to the parties involved. The rehearing will not normally be granted unless the court has requested a response by the parties. When a response is requested, it must be filed within 8 days (unless otherwise ordered). There will be no time extensions, and a party may be relieved if the deadlines are not properly met.
Any decision made by the Court of Appeal may be reviewed when a petition is filed with the Supreme Court, unless the transfer within the appellate division has been denied. If a party answers the petition, it may respond to issues that are raised as well as introduce any other relevant issues. The person who is petitioning may also respond to this response. The review may be ordered if: the Court of Appeal went outside of jurisdiction, to solidify a decision, if there is not enough agreement with qualified justices, if there is question of whether the law is being upheld properly, or if the Supreme Court orders the transfer of the case to the Court of Appeal for certain proceedings.
If a writ of habeas corpus (without a show of cause being issued) is filed in relation to a an appeal and the Court of Appeal does not consolidate the two, a separate petition for review for each proceeding, if a review of each is wanted. Once a decision is made by the Court of Appeal, the deadline for filing and serving the petition for review is 10 days, and may not be extended (even if the clerk’s office is closed on the last day). If the deadline for a court to order a review is has not passed, relief may be granted (by the Chief Justice) to a party if they have failed to file by their deadline. The Supreme Court clerk must file a petition if brought in the day after finality if the Court of Appeal decision is not yet final. Twenty days is the deadline to file an answer to a filed petition, and the (filed and served) answer to that answer must be done within 10 days.
If the person who is petitioning does not do all of the filing in the right timeline, the Supreme Court will usually not even consider a petition for review. A review may be petitioned without a petition for a rehearing, but be advised that the Court of Appeal’s record of the matter will usually be accepted unless the petitioner has already alerted the Court of Appeal of possible incorrect facts in the rehearing petition.
Additionally, the petition (a copy) must be served to a public officer or agency (non-party) as well as the clerks of the Superior and Appeal courts. There must be a proof of service that includes the names of both parties and their attorneys. And even if this is defective, the Supreme Court must file the petition. Any defective part of the proof of service must be corrected and filed within 5 days of being notified of the issues or the court may decide to strike the petition.
Amicus curiae letters, or letters from a friend of the court or someone who wants to offer their opinion of the petition for review, must be sent to the court instead of a brief, and must be served to all parties. This letter must include the reason this particular person has an interest in the matter.
The court that rendered an opinion not certified for publication is the only place that a person may request that that opinion be published. The request must be in letter form and include the reasons why the opinion should be published, their interest in the matter, why the opinion meets publishing standards, and must include proof of service on each party. If the court will not, or is unable to, grant the publication, the request will be transmitted to the Supreme Court (and all parties) with its recommendations and reasoning. At this point, the Supreme Court will either grant or deny the request for publication and will notify the court and all parties involved of its decision. When the Supreme Court decides whether to grant or deny the publication of an opinion it is not to be taken as a reflection of the courts standing on that matter.
If an opinion has been certified for publication and a person wants to request its depublication, a letter must be sent within 30 days (of the final decision of the Court of Appeal) to the Supreme Court. As with the publication of opinion, depublication involves service to each party as well as proof of mailing to the Court of Appeal (which all must be included with the request). The reasons for the request and the interest of the person requesting it needs to be stated and can be a maximum of 10 pages.
Within ten days of a request for depublication, anybody (including the Court of Appeal) may file a response stating that they are either in support or opposition of the depublication. Anyone who files a response (except the Court of Appeal) must state their interest, include proof of mailing to the Court of Appeal, as well as serve all parties involved. Again, the response can be no longer than ten pages.
When the Supreme court receives a request for depublication, it will decide whether it wants to deny or depublish the opinion. The Supreme Court has no limitations when deciding whether or not depublish an opinion, and the decision of the court shall not reflect the opinion or standing of the court on this matter. The court will subsequently notify all parties involved if its decision.
Just because you have been convicted of a DUI does not mean that your case is closed. If you feel that you were treated unfairly, received too harsh a penalty, your legal representation was incompetent, or you feel that your rights were violated, there is still hope. You must contact me (contact Barney B. Gibbs, Attorney at Law, in Orange County, California) within 60 days of the end of your trial or hearing, and I will file an appeal with the court so that we can get you a fair trial. Not everything is done right the first time around, but if you contact me soon enough, we may have a chance to turn your case around. Call today for a free consultation.