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  1. #1
    Join Date
    May 2008
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    Default Can You Appeal After Taking A Plea Bargain

    My question involves criminal law for the state of: California

    My question is, if a defendant agreed to a plea bargain and was sentenced can he appeal his sentence? He was mislead my his attorney, his attorney never once spoke with him aside from the 30 seconds prior to court, he was not allowed to see his police report during trial or any other time, he was not allowed phone calls to discuss his case with his family, he was not allowed any visits and he was in county for almost two years, all this was ordered by his attorney. His attorney was court appointed and he did try to fire him and the judge denied it, he was told by his attorney that he would not take this case to trial if he would not take the stand. He did not want to take the stand, his attorney offered him no other alternative but to take a plea. The attorney told him several times he would be at county to speak with him and he never showed, he appeared to be bothered that he had to have this case. Also he was court appointed and this was a murder trial, and this attorneys area of practice was family law, is this normal?

  2. #2

    Default Re: Can You Appeal After Taking A Plea Bargain

    Without knowing the details and evidence no one can say whether the plea was appropriate. There are avenues of appeal but it is very difficult. Check with the state bar to see about pro bono assistance.

  3. #3
    Join Date
    Sep 2005
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    California
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    14,024

    Default Re: Can You Appeal After Taking A Plea Bargain

    Quote Quoting rjewelsbyme
    View Post
    My question is, if a defendant agreed to a plea bargain and was sentenced can he appeal his sentence? He was mislead my his attorney, his attorney never once spoke with him aside from the 30 seconds prior to court,
    The problem the defendant will have is that he had to stand before the court and agree to the guilty plea. he will have to answer questions from the court including whether you have had sufficient time to talk the matter over with the attorney, whether you understand the ramifications of the plea, whether anyone had given you inducements to compel you to take the plea, etc. So, to go back and say that you were lied to also says that you committed perjury to the court. We then get the old adage: 'Were you lying then? or, are you lying now?' Because, at some point, you will have had to lie to the court.

    he was not allowed to see his police report during trial or any other time,
    Depending on what was in it, he may NOT have been allowed to see the un-redacted report. Ultimately, it was up to him to ask for this info and not settle on a plea deal until he had sufficient time to evaluate his own situation.

    he was not allowed phone calls to discuss his case with his family,
    Who denied him phone calls? he could make calls from jail if he wanted to. Of course his attorney would not want him talking to others about the case, because they could be called as prosecution witnesses.

    he was not allowed any visits and he was in county for almost two years, all this was ordered by his attorney.
    His attorney cannot "order" no visits. If the court or the jail refused him visits, there was a reason for it.

    He did not want to take the stand, his attorney offered him no other alternative but to take a plea.
    Some cases hinge on the defendant's testimony and his or her being believable. If this was one of those cases, then it is understandable why a plea might have been best.

    Also he was court appointed and this was a murder trial, and this attorneys area of practice was family law, is this normal?
    It sounds that there might be some grounds for an appeal here, if the attorney was ill-qualified to defend a murder case. But, he will have to find some way to access an appeals lawyer himself or through the use of his family. But, his plea admission in court is going to make any appeal very difficult.

    - Carl
    A Nor Cal Cop Sergeant

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