Legal Question in Criminal Law in California
My husband was charged with assualt battery and child abuse and neglect in 2016. After he was sentenced we recieved the discoveries and they were so false and had multiple errors (i.e. birthday of my husband reports that were dated 18days prior to the arrest?) And when we were presenting our evidence to our public defender they wouldnt take it and now we have even more evidence to prove his innocence. Can we go back for a re-trial or withdraw our plea or anything to change this?
2 Answers from Attorneys
You can hire an attorney to file an appeal based on your claims of failure of counsel. After review of all the evidence, he will advise if there is valid ground to do so, and what the costs/fees will be. If serious about doing so, contact me at 714-960-7584
Whether your husband can still appeal depends upon when he was sentenced. It's possible that his public defender filed a notice of appeal already, though the court may have dismissed the appeal if nobody pursued it. If an appeal is no longer an option, he may be able to seek habeas corpus instead. The limited facts you've given us aren't enough to say whether he has a viable case.
Feel free to contact me directly if you'd like to discuss your husband's situation in more detail. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization.
Good luck.
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