What happens when the court clerk is the reaspn for missing the deadline to file the Notice of Appeal??

Business 9 views 3 answers
My former attorney and also the Judge failed to notify me regarding my right to appeal, and the deadlines for filing the notice of appeal. The case was originally 1 Felony & 3 Misdemeanor charges. The felony was reduced to a misdemeanor via 17(b) as part of a plea deal. Upon researching my case, I learned of the appeal deadlines at the last moment. I arrived at the clerks office on day 59, and attempted to file my appeal. The clerk would not accept the notice of appeal, as I was told this was a misdemeanor case. I had brought the California rules of court and showed the clerk that my case was considered a Felony case for appeal purposes. However, she refused. I arrived back to the clerks office the next available day, with the misdeanor notice of appeal. I knew it was past the 30days for such, but wanted to also file a letter to the court with the notice. This was accepted, but the court denied my appeal due to untimely filing. Do I have any course of action against the court clerk, and is there anyway of being granted the appeal as this was a mistake by the court clerk??

Attorney Answers

3
Robert Collins ·
I've never heard of a state that lets you appeal a plea of guilty. Usually when you plead guilty you explicitly state on the record that you are waiving your right to appeal. Do you mean that you wanted to withdraw your guilty plea? If so, this link seems to have a pretty comprehensive explanation of that: http://www.shouselaw.com/motions-withdraw-plea.html. If you think there is some legal reason to withdraw the plea (or appeal it, if the law allows it), contact a criminal defense attorney ASAP to discuss this in person, and make sure to bring all of the court documents with you to the meeting.
0 upvotes
Jaime Halscott ·
You are most likely out of luck. This is one of the biggest issues we see with appellate practice. We live and die by timelines. Unless the court accepts an untimely or belated appeals filing there isn't much that can be done. Mistakes by the clerk happen all the time, but aren't usually something that gives rise to a situation where a remedy is available.
0 upvotes

People Also Asked