Indio Appeals Lawyer
Serving Palm Desert and Surrounding Areas Since 2012
An appeal—criminal or civil—is not a new trial or motion, and is bound by strict time deadlines. The purpose of an appeal is to review the trial court proceedings to see if the law was followed. At the Law Offices of Anastacio De La Cruz, our Indio appeals lawyer can help you determine if appealing a decision is the right choice for you. Let us help you fight for your freedom with post conviction relief.
Call (760) 610-0606 or contact the Law Offices of Anastacio De La Cruz online.
Understanding the Appeal Process
An appeal deals only with issues shown in the transcripts (also known as the “record”).
The transcripts include:
- The documents in the trial court files
- A court reporter’s word-for-word record of what happened in the courtroom
The Court of Appeal does not hear witnesses or take new evidence.
The Court of Appeal has no power to decide questions of fact, such as whether a certain witness was lying. It doesn’t pronounce on whether a defendant is “guilty” or “innocent.” It has no power to decide what sentence someone should actually get (as opposed to whether there was an error in the sentence that they did get). Such decisions are made only by the jury or trial judge.
If you feel an error of law was made either at trial or during a criminal motion to suppress, you need an attorney experienced in post-conviction relief to help determine whether an appeal is an appropriate course of action in your case.
Important Deadlines: Filing an Appeal in California
In California, you have 60 days to file an appeal. There are certain exceptions to this rule such as:
In matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 60 days after the referee's order becomes final under rule 5.540(c).
When an application for rehearing of an order of a referee not acting as a temporary judge is denied under rule 5.542, a notice of appeal from the referee's order must be filed within 60 days after that order is served under rule 5.538(b)(3) or 30 days after entry of the order denying rehearing, whichever is later.
Let the Law Offices of Anastacio De La Cruz help you fight for a fair trial. Call (760) 610-0606 now.
How We Help Our Clients
In 2017, Ms. Red, a United States Citizen, was arrested for a suspicion of DUI. After reviewing the police report and accompanying video, Mr. De La Cruz was able to get the officer to admit several key facts which would have made the stop of the vehicle unlawful. Unfortunately, the trial court was not persuaded, even when the law was clear.
Mr. De La Cruz was able to effectively articulate to the Court of Appeals that the officer in fact violated Ms. Red’s Fourth Amendment and reversed the trial court’s decision on appeal and suppressed all evidence obtained after the illegal stop. The prosecution was unable to proceed, and the charges against Ms. Red were dismissed- nearly two years after the arrest took place.
5-Star Reviews
Keeping Families Together One Case at a Time
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Mr Anastacio De La Cruz has been nothing but a blessing for my family, he took my son case and handled it with care and puts a lots of effort into delivering the best results we could ever ask for, forever thankful that we got referred by another client of him- Esmeralda Q-Shayne
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Working with Anastacio De La Cruz was a pleasure, all the staff in the office were truly helpful.He recently helped my dad out with getting his cases dismissed. He has truly given my father a second chance to regain his family. They were always on top of their game, with our case always advicing us what was the right thing to do.- Tomas Quintero
Once again Thankyou Anastacio for being an awesome lawyer, continue helping those who are in need. -
Hello everyone I would like to take the time to appreciate and thank Anastacio de la Cruz and his people for everything he has done for me, to give me another opportunity in life to do well and become a better person. There’s no words to describe his hard work. He’s definitely a lawyer I’d 100% recommend to anyone who needs help of any sort . He will do the best of his ability and won’t give up.- Ulysses Almanza
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Thanks to the lawyer Anastacio de la Cruz for helping me fight my criminal case in court and being able to eliminate all the charges that were brought against me, I recommend him, he is a very good lawyer 👍- Eulises Card
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I highly recommend law offices of ANASTACIO DE La Cruz. He went above and beyond with his services he handled my restraining order case he got it dismissed.- Juan Osorio
Also his staff was very friendly and helpful they answered all my questions and concerns. His prices are the cheapest out there I highly recommend anastacio de la Cruz!!!! -
I hired Mr.De La Cruz when I found myself needing some serious legal help. I had multiple cases on my plate at the time. As a single mother, it was almost impossible to juggle working full time, attending school, on top of having to be in court. Mr.De La Cruz went above and beyond in assisting me and my legal short comings. He treated me with the utmost respect. While having Mr. DLC on my team I was able to continue life stress free! Thank you Anastacio for all you’ve done for me! I couldn’t have done it without you! You are one of the BEST if not THE best attorney this valley has to offer.- Bianca Acuna
