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  1. #1
    Join Date
    Aug 2007
    Posts
    8

    Question Using New Evidence To Appeal a Plea Bargain

    Was wanting to know if anyone had any info on appealing a plea. He took his plea in June 2006 and has been in DOC since. Why believe to have new info that may prove his innocence in his case. I'm flustered cause i am trying to figure this out on my own and everytime i look something up I get conflicting answers. Any input would be great.

  2. #2
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,878

    Default Re: new evidence to appeal plea bargain

    If he was innocent why would he take a plea? Accepting a plea is a admition of guilt.

    I have only been arrested once, and it was also for a DWI, but when I took the plea I had to waiver my right to a appeal. Therefore, I don't think it's possible to appeal a plea, but I'm not a lawyer.

  3. #3
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Using New Evidence To Appeal a Plea Bargain

    Well the reason he took the plea was bc he was scared and was tired of dragging things out and wanted to get things done and over with. His case is also a DUI- DUI Manslaughter to be exact but we have reason to believe his BAC was inaccurate. I dont think his lawyer at the time tried hard enough, he made the mention to my fiance to have himself checked for diabetes but then never explored it any further. I am mad cause at the time my fiance kind of kept me out of his case and I know that if I would of been aware of what all was going down I could of done something about it. Any way maybe I'm just grasping at straws but I really feel and think that his case needs to be given another look at. Thank you for your input.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Using New Evidence To Appeal a Plea Bargain

    Laws and criminal procedures are different in each state.

  5. #5
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Using New Evidence To Appeal a Plea Bargain

    was also wondering if the lab that tested his blood sample would still have it after two years?? Also who would I contact to find the detailed description of the changing hands of the sample.

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