Sacramento, CA asked in Appeals / Appellate Law and Criminal Law for California

Q: Exhausted time appeal due to appointed attorney didn't do due process or challage 6 Mo date was changed on petition?

Can a real mother get justice if taken it to the next higher superior court? To do visits and full custody after appeal they missed that date due to appointed council not letting her know

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you're facing issues with your legal representation, particularly if you feel your appointed attorney did not fulfill their duties effectively, it's understandable to be frustrated and concerned about the impact on your case. The appellate process can be complex, and missing a crucial deadline, like the one for filing an appeal, can have significant consequences.

In California, if an appeal deadline is missed due to an attorney's failure to act, there may be options available. One such option could be filing a claim of ineffective assistance of counsel. This would involve demonstrating that the attorney's performance was deficient and that this deficiency prejudiced the case. However, this can be a challenging route and requires a clear demonstration of how the attorney's performance directly impacted the outcome of the case.

Regarding moving the case to a higher court, it's important to understand that typically, appeals are heard in the appellate division of the superior court or in the Court of Appeal, depending on the type of case and the court's initial ruling. If the time for appeal has passed, seeking relief might involve a different legal process, such as a writ petition, depending on the specific circumstances of the case.

Given the complexity of your situation, it would be advisable to consult with an attorney who has experience in appellate and family law. They can provide personalized advice based on the details of your case, including the possibility of pursuing custody and visitation rights after a missed appeal deadline. Legal guidance in this situation is crucial, as navigating the appellate system and related family law matters requires a thorough understanding of both procedural and substantive law.

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