How can I challenge a court decision revoking my PRCS, or a decision by the hearing officer after a PRCS violation hearing?
You can almost always challenge the judgment of a PRCS revocation hearing.[805] To appeal, you must file a notice of appeal in the county Superior Court within 60 calendar days after the court’s decision.[806]
After a timely notice of appeal is filed, the Superior Court will prepare a record of the PRCS revocation proceedings that includes all the documents filed in the court and transcripts of the hearings. The Superior Court must then provide these documents to (1) the Court of Appeal, (2) the State/ District Attorney (representing the Probation Department), and (3) you. In a direct appeal, the court of appeal must appoint an attorney to represent you for free if you don’t have enough money to pay for one.[807] In order to have a court-appointed attorney, you must file your notice of appeal within 60 calendar days after the court’s decision.
HELPFUL HINTIf you or your lawyer did not file a “notice of appeal” on time:
If the “notice of appeal” is not filed on time, or if the issue involves information that isn’t in the court record, then it might be possible to raise the issues in a state court habeas corpus petition (see Appendix K, PG. 280 to learn about the general process for filing one). This is not recommended unless (1) your notice of appeal wasn’t filed in time, or (2) the appeal involves information that the court has no record of.