Legal Question in Criminal Law in California

An Appeal Must Be From Something

Hello, When a person has entered a plea of guilty, there are only a few circumstances which will support the filing of an appeal. An appeal is a claim of error made by the Trial Court. When a person pleads "guilty", there is not an error. What it sounds like is a case of "buyer's remorse" where, having gone along with the services of the attorney (that is, he did not seek to fire the lawyer and obtain new counsel) and having pled "guilty" instead of fighting the charge, he now wishes he had done it differently. Unfortunately, this will not support an appeal because the only error committed was by your husband. It may seem like my words are harsh and not sympathetic to the plight of your husband. However, all I am saying is that the law uses certain procedures and like any tool, those procedures have situations where they apply and other situations where they do not. The better news is that a procedure does exist whereby your husband may be able to obtain some relief. This is called a Writ of Habeas Corpus. This is essentially a civil tool used in criminal cases. The technical differences are fascinating reading for law students but not necessary to go into for your purposes. The writ requires that your husband be able to specify in detail just how the lawyer's services were inadequate. He must be able to do this in detail and he must allege that, had he adequate counsel, the result would have likely been different. Like any other equitable remedy, time is of the essence. Hence, don't let grass grow under this. He must move forward or lose his claims.

Good Luck. It is o.k. to contact me with questions or comments.