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How do I Appeal if I am Found "Guilty'?

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Judicial Council Form CR-141-INFO Opens new window has instructions on how to appeal infractions (inclulding parking tickets) and Form CR-142 Opens new window is used for a notice of appeal for infraction cases.

NOTE:  It is important to understand that an appeal is NOT a new trial.  The appellate judge will not consider new evidence, such as the testimony of new witnesses or new exhibits.  The appellate judge's job is to review a record of what happened in the trial court (or parking agency) to see if certain kinds of legal errors were made in the case:

  • Prejudicial error:  Including things like errors made by the judge about the law, or errors or misconduct by the lawyers that harmed the appellant.
  • No substantial evidence:  Asks the appellate judge to determine if there was substantial evidence to support the judgment, order, or other decision being appealed.

You do not have to have a lawyer; you are allowed to represent yourself in an appeal in an infraction case.  But appeals can be complicated, and you will have to follow the same rules that lawyers have to follow.

For help finding a lawyer, click here. Opens new window 

 

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