:o I have already asked this question once, last night but I am hoping someone knows something...anything...I'm desperate here. Does anyone know if there is a way to appeal a plea bargain? I will pay a lawyer as much as he wants, but first I have to know if it can be done. All of the lawyers in this area kinda blow me off when I call them and I dont have anywhere else to turn....you guys are my only hope!!!!:) Can anyone give any insight?

Check out the legal forum Katie, you might receive more responses there.

Take care,

Sheila

I'm not sure about appealing a plea bargain, though i have heard of a motion for relief of sentence - which could mean that your loved one was not aware of the sentence he would have receive had he not taken the plea compared to taking it. One of my girlfriend's husband is doing this - apparently he took the plea, but then was sentenced as a habitual offender. Supposedly, had he not taken the plea and gone to trial, then he would not have been sentenced as a H.O. and he would have either been found not guilty or gotten a lesser sentence.

Good Luck to you - there is also alot of help to be found in the Legal forum here.

It depends on the factual issues of the sentence. What grounds would he be appealing on? Basically, what was decided about his sentence that was unexpected?

:o I have already asked this question once, last night but I am hoping someone knows something...anything...I'm desperate here. Does anyone know if there is a way to appeal a plea bargain? I will pay a lawyer as much as he wants, but first I have to know if it can be done. All of the lawyers in this area kinda blow me off when I call them and I dont have anywhere else to turn....you guys are my only hope!!!!:) Can anyone give any insight?
is this a state or federal case?my son is going through, i believe something similiar. let me explain.....his is a federal case. once he plead to a point system the probation officer, and prosecuters got together to "enhance" the amount of time he originally agreed upon. as he is currently awaiting federal sentencing for the Judge's final determination, he submitted to the court a Motion to Rescind citing Blakely v Washington ruling by the Supreme Court. Unfortunately the Judge denied his Motion. Hopefully, you have better luck. His fate is still to be determined due to so many new laws regarding sentencing guidelines. The landmark Blakey v Washington case was fought, pro se by the Defendent, and he won an extraordinary fight. A very good cause only would be your best bet....so dig deep. good luck

:o I have already asked this question once, last night but I am hoping someone knows something...anything...I'm desperate here. Does anyone know if there is a way to appeal a plea bargain?
There ARE ways to appeal a plea bargain, but it's a VERY narrow window because a plea bargain is a contract into which the defendant "freely" entered.

If the convicted person didn't agree to an appeal waiver, that's at least 1/2 the battle.

Another out could be if the judge failed to observe the required technical notifications and inquiries prior to accepting the plea.

Note that is it usually NOT a defense that the crime to which the defendant plead is not fully supported on the facts, particularly if the crime is a lesser included offense. You should be able to get a lawyer to at least review the plea agreement and see if there are any obvious holes.

If it's any help - in Illinois a defendant has 30 days in which to file for a reversal after entering a guilty plea...it's not much time...and he will need a fairly good reason why - not just because he didn't like the sentence...sorry, not much help probably...

Someone please HELP!!!! We have total grounds for sentence reversal due to the attorney representing my fiance has been found GUILTY and ordered to pay restitution due to his incompetence. I just don't know how to go about getting my "ducks" in a row!!! We have proof for a reversal NOW! AND, not to mention the judge HIMSELF relieved the attorney from the case to begin with.

SOMEONE HELP!!!! Also, due to the attorney's "state" he did not present pertenant info which could have resulted in a different outcome. I am writing very fast and may have left some things out.

This is what we want to have happen...Have the sentence reversed, no trial, case dropped!!! I KNOW nothing is easy, so I alreeady GET that part..I KNOW this is possible. PM me if you like