Re: Can You Appeal After Taking A Plea Bargain
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.
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 to see his police report during trial or any other time,
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 phone calls to discuss his case with his family,
His attorney cannot "order" no visits. If the court or the jail refused him visits, there was a reason for it.
he was not allowed any visits and he was in county for almost two years, all this was ordered by his attorney.
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.
He did not want to take the stand, his attorney offered him no other alternative but to take a plea.
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.
Also he was court appointed and this was a murder trial, and this attorneys area of practice was family law, is this normal?
A Nor Cal Police Sergeant
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... and a croissant!"
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-- Courageous, by Casting Crowns