View Full Version : Can you appeal after a Guilty Plea


freemell
09-11-2006, 10:11 AM
Does anyone know if my son can appeal after a guilty plea? He accepted a guilty plea to 1st degree murder & rec'd a 35 yr sentence. He has already been incarcerated for 1 1/2 yrs. He is 20 years old. We submitted a motion for Patuxent Institution, but was denied. We have filed a motion for sentence reduction. He was charged with murdering a previous bully.

Adrienne
09-11-2006, 10:26 AM
I know in TX you are not allowed to. It was in the paperwork that my finace signed when he accpeted his plea. Sorry.

bellisq
09-11-2006, 11:37 AM
what do you want to appeal?

freemell
09-11-2006, 01:42 PM
He accepted the guilty plea b/c his attorney's stated that is was a hard case & it would probably be in his best interest or he would be facing life in prison. There were 2 people at the crime, but he is the only one in prison, no weapon & no positive ID, but he had a long history w/ the victim. Can appeal or change his plea? Is there anything else we can do? I have already spent a lot of money on the attorney so can not really afford a new one.

myhusbandswifey
09-11-2006, 02:45 PM
No I think once you take a deal that is it. No appeals!

LeeS269
09-11-2006, 03:15 PM
When you have pled guility or no contest an appeal can only be by persmission of the appeals court or supreme court.

However, you only have around 30-60 days to file it... so 1 1/2 years is way to old for them to even consider.

You could do a writ of habeous corpus or if there was illegal persuasion or force to get the plea a lawyer may have a way to reopen the case... but that would be extraordinary.

What are you looking to do and why? Not judging you.. just want to help get the end result you are looking for. What state was he convicted in?

Does anyone know if my son can appeal after a guilty plea? He accepted a guilty plea to 1st degree murder & rec'd a 35 yr sentence. He has already been incarcerated for 1 1/2 yrs. He is 20 years old. We submitted a motion for Patuxent Institution, but was denied. We have filed a motion for sentence reduction. He was charged with murdering a previous bully.

Doc's Sis
09-12-2006, 07:10 AM
I also would think that if you plead guilty, then you don't file an appeal - and you certainly don't wait until 1.5 years later. Must be done immediately after the trial ends. Had there been something done wrong during trial by any witness or prosecution, the defense attorney would then have filed an immediate appeal.

If he is guilty of murder, what difference does it make who the victim is - a pillar of the commuinity or a bully??? A person is a person and murder is murder.

LeeS269
09-12-2006, 04:38 PM
Each state is different, but just because you take a plea doesn't mean that other things weren't wrong with the case. You can also appeal sentencing and other things if they don't follow what the plea indicated.

It all boils down to the fact that I need more specifics to help you figure it all out.

lonelyinindiana
09-13-2006, 01:12 AM
Hey there, Im sort of dealing with the same thing.. My husband took the plea because his lawyer advised him it would be best, instead of spending life in prison.. The legal system really stinks dosent it? anyway I dont really know what my options are or if we have any? I hope you find answers your looking for and if you pass them along to me would ya ?? Thanks

RedHerring
10-15-2006, 09:11 AM
It prove ineffective counsel you need to prove that they "fell below and objective standard of reasonableness", and "requires the defendant to show that there is a reasonable probability that, but for counselís unprofessional errors, the result of the proceeding would have been different. Strickland vs. Washington 466 U.S. 668

The standard of proof is rather high for the defendant to prove ineffective counsel, "in any ineffectiveness case, a particular decision not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counselís judgments."

peapie32
10-15-2006, 09:52 AM
I'm not sure if you can appeal if you have made a deal. But in any case appeals are very hard to get through. In Virginia only about 10% of all appeal cases filed get to re-trial.

I am going through a similar thing with my son. He was convicted of 2nd degree murder, and the only evidence they really had was an inmate that he had served time with in the county jail got up on the stand and said that my son admitted the crime to him. Since we had a public defender (can't afford a real lawyer), the fact that the guy had a trial of his own that day, that he was a "jail snitch", and the fact that there were about 20 guys in the county jail who served with my son and said that the guy beat the crap out of my son just because he didn't like him, and who can also attest to the fact that my son never said that to him, didn't make a lick of difference. I fully expect one day for my son to call and have a scene from the movie "The Shawshank Redemption" where the young kid comes in and says that he heard somebody admitting to the crime, and laughing because he didn't get pinched.

Ok... Now I think I am going over to the forum to vent, because just thinking about it makes me mad. The justice system and public defender system SUCK!!!!! Not only in VA, but everywhere apparantly. :angry: Why should our loved ones be thrown away for their whole lives just because you can't afford a $50,000 lawyer????????????????????????????????

LeeS269
10-15-2006, 10:46 AM
We have to remember that the laws are different in each state at this level.

Appealing a plea is called an Appeal on Leave. This usually means that you to "ask permission" from he original judge. Then you ask the appeals court to hear your case. They don't have to.

Ineffective assistance of counsel is nearly impossible to prove because the court assumes counsel was effective and you have to prove otherwise. BUT there are many other ways to attack decisions so don't give up.

In Michigan you must ask for an appeal within 42 days of your sentencing.

DaveMoff
10-15-2006, 03:58 PM
Personally, I think ineffectiveness of counsel should be presumed if someone has a court-appointed attorney. Alas, it doesn't work that way.

Some years ago, there was a Texas case in which the appellate court refused to hear a petition based on ineffective counsel on the grounds that the Constitution guarantees only the right to counsel, not to competent counsel. By this definition, one could prop up a log with the word "attorney" painted on it next to the defendant and claim that the defendant had received due process under law.

bluerose34
10-15-2006, 05:09 PM
I don't know alot, but I have read you can withdraw a plea. Check into that.

LeeS269
10-15-2006, 06:11 PM
In most states you must ask permission from the judge to withdraw your plea and you must ask before he pronounces sentence. The judge may refuse your request.

.

DaveMoff
10-15-2006, 09:55 PM
There are different types of "guilty" pleas--I believe each has its own set of rules regarding appeal and/or withdrawal. And most likely those vary by state as well. You really do need to talk with a competent attorney, problematic though that may be.

richelle
11-04-2006, 09:44 PM
I am from KY. In this state, in order to withdraw a plea you must do so prior to sentencing.

Ineffective assistance of cousel is indeed difficult to prove. Our state statutes say that a person has a right to an attorney, a right to be present at all critical stages of the legal process (i.e. hearings and such), and that a person with a public defender has the right to a defense comparable to that which he/she would have if he/she could afford a private attorney.....

Unfortunately, Most every appeal I have read from this state (filed on grounds of ineffecive assistance of counsel) has been denied. Most often, the appeals court denies such appeals by stating that the actions of the attorney that the appelant claims as errors equate to reasonable trial strategy.

As far as the right to appeal if one has entered a guilty plea...I am researching that issue currently. I do know that in this state you can enter a conditional plea of guilty...reserving your right to appeal. But even then, it is my understanding that the judge and/or prosecutor is under no obligation to accept the plea as "conditional." I have also been told that a person must state the specific issue(s)/objection(s) that they want to reserve for appeal under the conditional plea.

I know that in KY, once a person enters the guily plea and has been sentenced they may appeal on the grounds of new evidence if there is any. But I am unsure of what other grounds exist for appeal once the plea is entered and the sentence has been handed down.

meganlea
11-04-2006, 10:34 PM
You'd be highly unlikely to be able to appeal a PLEA in my state. Additionally, you can't really prove ineffective counsel because you're asked at the time of your plea "Are you satisfied with the representation of your attorney?" He could've slept on it, waited things out, taken it to trial, etc. He chose to plea so there are likely no appeal rights.

DaveMoff
11-04-2006, 11:21 PM
Minnesota is much the same in that respect. In a case involving a plea bargain, one must answer a series of questions before a judge, one of which is "are you satisfied that you have received adequate representation from your attorney?" I know of people who have had a certain area public defender and arrived in court to find that he had already filled the form out for them. If one insists on answering "no" to the above question, that is considered as a withdrawal of one's plea.

ilonacee
11-21-2006, 02:11 PM
what about if they denied the appeal hearing,can you request another..
its been almost 10 month..

Ross811
12-06-2006, 12:21 PM
In Florida, you have 30 days to withdraw your plea...After that, the only way to re-open is new evidence. You cannot file ineffective counsel when you take a plea..And like the other posts said, it's rare that motions are granted for ineffective counsel...But don't give up! It took us over a year, but we finally found a good christian attorney that is taking our case and letting us make payments to him because we can't pay the whole thing up front...There are some good, honest attorneys out there, but very hard to find...good luck!

boflipflops36
12-17-2006, 08:29 PM
What happens when you have plead quilty to having a weapon on you. You are a prior felon from 20 yrs ago-- You step up and the Judge says--Did you kill that man with that GUN?? And did you have a pound of cocaine???
My bro stands there says NO SIR!! The old judge said--YOU MEAN TO TELL ME YOU DIDNT SHOOT THAT MAN AND HAVE THAT COCAINE ON YOU?? NO SIR--I HAVE NEVER SHOT ANYONE. NEVER EVEN HAD A ASSULT CHARGE OWN ME!!
The court apointed Lawyer stood there said nothing!! So my brother got 52 months. (He is a ex felon drug charges where he spent 2 yrs, 20yrs ago,)
We asked the lawyer to appeal. Also I ask him "Why he did not aproache the bench"--ASK THE JUDGE DID HE HAVE THE WRONG MAN SENTENCING AND WRONG MAN PAPERS? He answered I thought he was just kidding around, !!yea right!! I told him that is no place to accuse someone of all that and act like that in a court of LAW!! That should be a very serious place You are dealing with others lifes!!
So the appeal has went in the 8th DEC. How do I find out where it will be held.? I want to go. Can I? hE IS MY BROTHER.
aNY ADVICE WOULD BE APPRECIATED. also can i go to the court of appeals, and get copy? This FED Court took place in Knoxville, Tn

2010
12-18-2006, 12:05 PM
I agree our justice system "sucks; I too have spent a fortune trying to help my son to no avail. There are a lot of innocent men in prison , whose lives are ruined forever for nothing. my son is_ innocent and even his lawyer didnt try to help him. He made alot of promises but he did nothing except scare my son into a plea instead of working the case and doing as he promisied.

sister2006
02-05-2007, 06:03 PM
Hunh. It takes alot of time and money to appeal what a dip-dumb lawyer allowed to happen in court.

I wish you well. It's not going to be easy.

Shay-Shay
02-16-2007, 12:36 PM
My Boyfriend pleaded guilty because it was advised by his counsel.... he got charged with murder in 1st degree and sentenced to life in prison.... His case was appealed and turned down.... now we are facing the Habeous Corpse and not many lawyers handle these type of cases... well I found one but I would need about 50,000 wich I DO NOT have that type of money and the Pro Bono attorneys do not deal with Criminal cases.... He has a Public Defender since we cannot afford an attorney...... I would really appreciate if anyone had any info that may be useful ... thank you!

sugarhill
02-19-2007, 04:32 PM
my husband did accept a plea of 2 years but got 6-25 yes we appealed and finally got a court date of march 14 10:00 am not sure what all happens at these we are hoping and praying for time served all i know its a long process and we also had to take to the federal level

Medvaughns
02-23-2007, 05:09 PM
This is what i think you should do , Go on line and look up the laws in Odenton, Maryland. We can all give you advise but to see it in black and white will give you the answer that your looking for. As a mother myself i can fill your pain . My husband is in prison and was facing 50 year to life and a lot of people told me a lot of things that wasnt true so i went on line and looked it up for myself now he has 25 year and were working on the rest. So that being said ***Like the bible say you do the leg work and I'll provide the blessing****

Jemiah
03-24-2007, 11:53 PM
My husband is also in prison for 60 years to but he did not want to take a plea becuase he did not commit the crime, what should he do. He has served 10 years already

Suthrndreamgirl
04-08-2007, 12:34 PM
Similar situation. My loved one was 18...took a guilty plea because court appointed attorney advised him to do so...rather than face the death penalty. To begin with, he was never read his Miranda Rights during time of questioning. They threatened him with charging his then girlfriend as well (scare tactic). No weapon, no witnesses, no evidence what so ever....just a statement given by someone looking to get themself out of trouble. At the time, he was trying to protect the girlfriend at all costs & took the plea (to be in love at 18). He had no family support, was young & scared. Eight years later, we feel there's nothing left to do...because so much time has passed. He didn't have anyone to advise or direct him in the steps he needed to take. The girlfriend bailed immediately...he has had no contact, letters, phone calls, visits from any family since day one. At age 18...with no support, he was naively & grossly misrepresented. What to do...if anything?

ocpnhb
05-29-2007, 10:48 PM
I need to know if you can appeal after you make a plea bargain because my son's attorney advised him to. public defender of course first the atty was so convicted he was gonna beat it and then this. his first offense not violent crime and if found guilty he would get five but plead for three he is now in MCI Concord MA and I haven't heard from him. H e is non white and I'm afraid he will be thrown in with the Gangster which he is not please help. I'm tinking of hiring a new lawyer.

DaveMoff
05-29-2007, 10:57 PM
Public defenders almost ALWAYS advise their clients to "take a plea" since it saves them time and effort. Rarely do they care to take the time to do any fact-finding, investigation, or ever form an opinion as to whether the person is guilty of anything or not.

Prosecutors respond to this trend by stacking multiple charges on the accused (whether supported by evidence or not), then offering to make most of them "go away" if the defendant will plead guilty. The public defender will then tell the defendant that s/he'll be convicted of ALL of the charges if s/he doesn't accept a guilty plea (as s/he undoubtedly will be if defended by the public defender). To be sure, not everyone who is accused of a crime is innocent--far from it, I suspect. But if we knew the number of people who have pled guilty to one crime they did not commit rather than be locked up for four crimes they did not commit, we'd probably all be shocked.

If humanly possible, PLEASE retain a private attorney at least to evaluate the merits of the case. It's entirely possible that the PD is correct--it does happen. But there may well be other options, and you are unlikely to learn of them from a public defender.

Valentina
05-29-2007, 11:24 PM
If he is guilty of murder, what difference does it make who the victim is - a pillar of the commuinity or a bully??? A person is a person and murder is murder.


I do think it makes a difference. It's called mitigating circumstances. If you kill someone who has tortured you your whole life a jury is less likely to give you life - mitigating circumstances - than if you crawl in someone's window and kill them because you're in the mood. There is a HUGE difference in my opinion. And if you kill a pillar of the community, you're going to death row, so that isn't even an issue.

As far as the plea bargain, PLEASE, get a consult with a really good post-conviction relief lawyer. ONLY someone with HUGE experience in post-conviction relief. There are things that can be done, but only a qualified and experienced attorney (a good one, not a dumbass) can help. I wish you luck.

barbara roop
09-26-2007, 02:14 PM
Does anyone know if my son can appeal after a guilty plea? He accepted a guilty plea to 1st degree murder & rec'd a 35 yr sentence. He has already been incarcerated for 1 1/2 yrs. He is 20 years old. We submitted a motion for Patuxent Institution, but was denied. We have filed a motion for sentence reduction. He was charged with murdering a previous bully.

In Va there is no appeal after plea bargaining. Sorry my son is doing 25.:mad:

prayerful
12-27-2007, 09:08 PM
I, too ask this question; is there anything that can be done after a person takes a plea bargain? I also hear that you waive your right to an appeal. My boyfriend was railroaded as well. At 17, he was accused of rape by a girl that he was dating at the time. Their relationship was on again, off again but he did not rape her. They of course were intimate because they were in a relationship; so yes, hard to disprove.
There was talk to give him 50-100 years with the rape and other charges they put on him. His public defender advised him to take the plea bargain for a sentence reduction of life with possibility of parole and he could look to do 10 years. Well he has done the 10+ years. I have a few questions that I am hoping someone can answer:

1. WHAT DOES "LIFE" MEAN/EQUAL?
2. CAN THE INMATE OR FAMILY MEMBER SUE THE PUBLIC DEFENDER?

Suthrndreamgirl
12-28-2007, 11:39 AM
prayerful..I too wish I knew what "Life" equals. I have finally come to the realization that it is exactly that...life. Even though they may become parole eligible at some point...doesn't mean they'll be paroled. I have heard of many stories where lifers have been granted parole (which is SO uplifting). I feel like parole boards are very reluctant to parole violent offenders/lifers...more so because of popular opinion NOT wanting them to be paroled. Nobody wants to rock the boat. "How dare them parole a violent offender!" From what I have read, the chances of a lifer or LONG term offender violating parole are lessor than non violent offenders with shorter sentences.
Also, the years served before a lifer can become parole eligible vary greatly from state to state. It even varies within the state. I know for the crime my guy had (unfortunately) plead "guilty" to (thanks to his incompetent PD)..if sentenced before a certain date, you'd be considered eligible after serving 7 yrs. Then it was changed to if convicted after such & such date, eligible after serving 15 yrs. (which is what he falls under)....now it's changed to if convicted after such & such date, eligible after serving 30 yrs. So inconsistant. I don't know why they keep changing it....because they hardly ever parole them ayway. With alot of convictions for many other crimes...they go on a percentage of time served. It's not like that with lifers (at least not in the state my guy was convicted in). So it's almost impossible to determine how many years life equals. You may want to look on your states website under pardons & parole board. Sometimes it will give you a grid sheet...or something to use as a reference.

ms_akia_marion
05-02-2008, 08:34 PM
So you saying if my hubby is in prison 4 1st degree murder doing lyfe and he asks 4 an appeal he's going to get denied unless he can prove that there was a mistake or error in his case (he's already done years)

Gryphon
05-02-2008, 09:22 PM
The time for appeal passed a long time ago. At this stage he'd have to file a writ. Writs can be based on errors of law, ineffective assistance of counsel, newly discovered evidence, or legally recognized defenses that weren't available at the time of conviction.
Yes, unless it's proven that something significant went wrong; then there's no argument to put in a writ (or appeal).


So you saying if my hubby is in prison 4 1st degree murder doing lyfe and he asks 4 an appeal he's going to get denied unless he can prove that there was a mistake or error in his case (he's already done years)

ms_akia_marion
05-04-2008, 08:28 PM
Can I Get Imformation From The Courts Or The Police Department From 10 Years Ago. Please Please Help Me If Anyone Can.........thank You Oh So Much.

Gryphon
05-05-2008, 02:12 PM
The court file likely exists at teh criminal court clerk office, although there could be a confidential section that'd take a court order to open.
If the file still still exists, the trial attorney might have police reports and all sorts of things. The client owns most (if not all) of that file if it hasn't been destroyed.
It might take a court order to see if the police still have records. Same with the DA.

Can I Get Imformation From The Courts Or The Police Department From 10 Years Ago. Please Please Help Me If Anyone Can.........thank You Oh So Much.