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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Question Appealing a plea in Florida

    my brother recently accepted a plea bargain in florida and wants to appeal the bargain. the terms of the case are a long story but when the plea bargain was officiated his trial lawyer wasn't even there. the only attorney that was there was the penalty phase attorney and since then he has come across new information on the situation and statues of his case. what would be the process, if any, of appealing the plea and what documenct would he need. in addition how would we go about getting said documents if neccessary.
    p.s. if someone if sentenced to life in florida is there a chance of parole if nothing was stated at the time of sentencing?

    evon de los rios

  2. #2
    Join Date
    Sep 2005
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    74,903

    Default Re: Appealing a plea in Florida

    He wants to appeal the plea bargain, or he doesn't like his sentence? It's not particularly rare for defendants to change their minds after entering a plea; courts generally want a compelling reason why they should permit a plea to be withdrawn.

    If there really is new evidence proving him innocent, he has built something of a hurdle for himself because when he pled guilty he stated to the court under oath facts which constitute a basis for finding him guilty. So in a sense he's impeaching himself. He really should consider using a lawyer.

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