Can anyone tell me if there is such a thing as appealing a plea bargain?
I hope so.. If you have any any any advice or help please PM me
Thanks to all of you and I appreciate all of the support I have found here
Love to you all

Appealing a plea is difficult. If you can show that it was not voluntary, that it was made without full knowledge of the terms, or that the prosecutor violated the terms, then it might be possible. Generally, pleas require the defendant to waive certain rights (to trial, etc.). Check the paperwork and talk to the attorney. Good luck!

Often the plea itself will include waiving the right to an appeal, but that would be clearly stated in the plea agreement if that's the case.

Otherwise there have been cases where it could be shown the attorney didnt fully advise the client of his rights etc. I just saw a conviction and sentence in a plea-bargained case overturned by writ of habeus corpus because all of the attorneys involved forgot to advise the defendant of his right not to say things that could incriminate himself.

The court will question why you want to appeal something you willingly plead to. If you don't mind me asking, why DO you want to appeal it? I've never seen someone appeal a plea...because it's nearly impossible. Was the sentence harsher than was expected?

Oh and I guess you're new here, so welcome! :)

Thanks yall
I just found out after the fact that the DA had no case against Marc, but I figured there would be no way to do anything...Our $20,000 lawyer failed to tell us he was too much of a sorry butt to go to trial....he didnt tell us there were things that could have saved him from even going to prison until after the plea was signed. NC is a very crooked state!
But he only has 3 1/2 years so that's not as bad as it could have been I guess
Thanks yall for all your advice

Here is the story for all of yall...its in message form cause I dent it to a girl who works as a paralegal....Just so you'll see what I'm facing
Thanks again


First of all thanks for responding..This is a long story so here goes...Marc went to a party when he was 16 years old (he'll be 21 in December) so this was almost 5 years ago. He went there to pick up some friends who were drinking and he didnt want them to drive. When he arrived at the party everyone was very very drunk. This one guy came out of the house and started being very hostile and threatening everyone. (This guy was also 16 or 17) He pulled out a gun and was threatening to shoot someone so Marc being the only really sober one at the time ran up and punched the guy ONE time. That came out in court...he only hit this guy once. The guy fell back and some other people jumped on him and started beating him up pretty bad. One of the guys got a rubber mallett and started beating the guy in the head with it and Marc and another friend pulled the one guy off of the other. It was too late...they guy died in the hospital so everyone involved was charged with 1st degree murder...even Marc. He cooperated with the DA and with everyone else and even was the only one out of the group who passed a lie detector test. He was placed under a $250,000 bond and waited in the county jail until his family paid a laywer $20,000 to lower his bond. He was on house arrest for 2 years when he bonded out. He served 2 years in the county and over 2 years on house arrest and never had a problem with either. The DA said he had never met anyone like Marc who tried so hard to right a wrong that wasnt really even his fault. He said he wouldn't even prosecute him if it wasnt for the guys family wanting restitution from everyone "involved". I met Marc when he was on house arrest and we have been together for over 2 years. We had really expected for all of this to just kinda go away and thats what his lawyer had thought too, but appearantly the family got tired of waiting on the other guys to pay, 3 of them got prison time...one of them got life w/o parole, one got 15 years, one got 8 years, Marc got 5-7 but with time served he will only pull 3 1/2 more. When the DA called the lawyer and said he was offering the plea of assault with a deadly weapon with the intent to kill inflicting serious injury, our so called wonderful lawyer scared us into taking it because he didnt want to do a jury trial cause he was afraid he would lose. He was very convincing telling us to look at the other lengths of time the others had gotten and so not knowing that we could have beat it we reluctantyl took the plea and 3 months later, now we have found out that the DA never could have prosecuted him cause they really had no case. A lot of good that does us now. Marc has never been in any trouble, ever, and we were planning on getting married before the end of this year, we were 1 month away from closing on our house and were planning our future when this nightmare resurfaced....5 years after it happened. So I will be 25 when he gets out and he will be 24 and we will just have to put our future on hold a while but they WILL NOT KILL MY HOPES AND DREAMS. But the prison that he is at is the worst one in the state and I am afraid that its gonna break him.. Before he went in he was the happiest life-loving person I have ever met and I hope this doesn't strip him of his dreams.
So if you know of anything else that might help, please let me know....I will do anything but I have pretty much given up hope that there is anything we can do after the fact...also there were things that our lawyer overlooked in the court transcripts of the probable cause hearings and bond hearings that I think really could have helped Marc get out of this all together but I guess it won't help now.
Anyway thank you for listening to this long story...
Hope to hear from you soon.

That is an awful story. I feel so sorry for both of you. My prayers are with both of you karen