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
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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.
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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.
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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
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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.