Can I appeal my case if the judge did not handle my case correctly?
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Can I appeal my case if the judge did not handle my case correctly?
I had pictures that he did not even look at. He and the officer were laughing at me when he asked if the officer had to use a speaker to pull me over, which he did not. The officer lied in court that he used a laser and even if he had, it was been almost 3 years since calibrating it. The officer never asked me if I knew how fast I was going. He told the judge he did. He says he has tape of whole conversation, I would like to hear the tape. He yelled at me the whole time. Can I appeal my case judge found me guilty for 30 miles over speed limit. No traffic school. I drive Uber they may not let me drive because of this.
Asked on June 15, 2018 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Legally, you have the right to appeal: the question is, is it worth it?
1) Appeals have costs--typically not large, but depending on your state's court rules, it will be $50 - $200, typically.
2) You will have to pay for written transcripts of the court hearing you are appealing: this can cost up to a few hundred dollars, depending on length.
3) Even if you win the appeal, you will typically not win entirely; rather, the court will usually "remand" the case back to the trial court to do over, so all you win is the right to go to trial again with a chance, of course, of losing anyway.
If you are determined to appeal despite the above factors, download a copy of your state's court rules and speak to the court clerk's office to find the procedures and requirements.
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