Criminal Appeals: One thing you must know about appealing after a guilty plea.


The information contained in this blog is general in nature and subject to change at any time. Under no circumstance should it be construed as legal advice.


Filing a criminal appeal can be a tricky process. There are time limits, and many procedural rules that can permanently ground a case, before it ever takes-off. This short post analyzes the possible need for a certificate of probable cause in criminal appeals.

California Penal Code Section 1237.5 requires a certificate of probable cause (filed with a notice of appeal) during most criminal appeals following a guilty plea. The basic idea of a certificate of probable cause is to show the court that you have a feasible issue to appeal, and that you’re not wasting the Court’s time. The Court does not want to hear any criminal appeals that don’t have a chance. Thus, before a certificate of probable cause can issue, the defendant must submit a sworn declaration setting forth the basis for the appeal.

Failing to obtain a certificate of probable cause could ruin your case, even if you have a good issue, so it’s essential to determine whether a certificate of probable cause is necessary in your criminal appeal.


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