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Can an inmate who is advised to cancel an appeal open the case of the appeal back up?

Sacramento, CA |

my husband is currently serving 10 years with 85% time. He was advised in prison from the appeals attorney to take his appeal off the table because they accidently gave him more days for credit time served. We hired a terrible attorney outside of Sacramento and feel as if in no way he was respectably and fully represented. He is only 19 years old with a very bright future, he made a mistake when he was 17 years old and we are now paying for it every single day and will be until the year 2020.
Can anyone possibly help us? any advice?
Any reccomendations for awesome attorneys?

Any input is much appreciated.

Attorney Answers 5


  1. Although you have not given specifics, it sounds as if the time to appeal has expired. If so, you remedy comes from another direction. You will have to hire counsel to review the record to determine if the advice he received meets the standard as to whether your son's 6th Amendment right to counsel was violated. We handle habeas and other extraordinary writs. Feel free to contact us to discus. This further. www.taubcriminaldefense.com

    The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


  2. If it has been more than 60 days since husband's was sentenced, then his time to appeal has expired. His route may be through a writ of habeas corpus, but you would need an appellate attorney to advise you. I'm sorry you had such a bad experience with an out-of-town attorney, but I always suggest hiring local counsel who know the judges and DA's and are familiar with how things are done locally. Not sure if you were unhappy with his trial attorney or appellate attorney though.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.


  3. This is quite intriguing since I've handled many appeals. Did your husband abandon the appeal? If so, what reason(s) did he state? There are too many factors / questions to ask to determine what the next step should be. You need to contact an attorney that has experience in appeals. There are many appellate attorneys outside of Sacramento who are good, very good. I suggest contacting a few. Many provide a free consultation. Contact as many as possible to determine which one is best for your case. Time is of the essence so I recommend that you start the process back up on Tuesday. I wish you and your husband the best.

    www.YourCriminalDefenseLawyer.com
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  4. I'm very sorry to hear this. As a general rule if you voluntarily abandoned your appeal and more than 60 days have expired, you cannot continue the appeal. It may be possible to use what's called a petition for a writ of habeas corpus, but it depends very much on the circumstances. This is a complicated area of law and I recommend you consult with experienced appellate attorneys, as many as you can. I happen to be one, and feel free to call for a free consultation. 415.522.1105. Good luck, Matthew Siroka

    This information is intended to be general information only. Please do not rely on my comments; consult a qualified attorney.


  5. If you mean that he filed a notice of appeal and then formally abandoned it, it cannot be ressurrected, if past the 60 day point, but then if he was given ineffective assistance of counsel that caused him to abandon the appeal, then he might have habeas relief [on that issue as well as on the conviction itself], but these pages are not the place to sort out the complexities and penumbras of what the issues and available relief are.

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