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  1. #1
    Join Date
    May 2007
    Posts
    7

    Question Traffic Court Appeals Process in California

    I usually go to this site:
    http://www.courtinfo.ca.gov/forms/
    I've already submitted the paper work to appeal my conviction and I've sent copies of the documents to the DA and the court that my case was held. I sent both parties audio along with a report of what was said by each person.
    I received this letter titled, "Appellate Case Briefing Schedule and Notice of Hearing" and it mentions that my Opening Brief is due on 12/26/2007. My question is. What is an opening brief? Am I suppose to type it out on an official court document? Is there a website of an example how what it actually looks like and how it's suppose to be filled?
    PLEASE I NEED YOUR HELP!!!! THANK YOU IN ADVANCED!!!!

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: CA - Traffic Court - Appeals Process

    You need an appellate lawyer.

    Most trial lawyers do not know how to write a brief so they hire appellate lawyers to do it.

    Your appeal will be dismissed if you don't file the brief on time OR it is written incorrectly.

    The court of appeals leaves no room for error: their job is to come on the battlefield and kill the wounded.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: CA - Traffic Court - Appeals Process

    This is just a traffic court appeal? See the California Courts website:
    Quote Quoting How do I appeal if I'm found "guilty'?
    Judicial Council form TR-150 has instructions on how to appeal infractions and form TR-155 is used for a Notice of Appeal.

    If you were found guilty after a trial by written declaration, you can file a request for new trial. Use a Request for New Trial (Trial De Novo) (Trial by Written Declaration) (Form TR-220). Also check out Instructions for Defendant (Trial by Written Declaration -- Traffic) (Form TR-200).
    If this is an appeal to the Court of Appeals, it's much more complicated. Go here and read the relevant section(s) on briefs.

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