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  1. #1
    Join Date
    Oct 2008
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    1

    Default Can I Appeal a Plea Deal?

    My question involves criminal law for the state of: Georgia

    Just yesterday a plea deal was reached without the attorney notifying the defendants family whom have been involved with this case from day 1. The day before, the attorney told the family that a trial date was set and that the jury selection process would begin that morning. The family was expecting a trial but was told a plea deal was reached instead. After speaking with the attorney we learned that the details of the plea bargain was not explained to the defendant. The defendant stated he agreed to the deal because "the attorney told him this was the only way he would be granted a bond". I'm not a legal adviser, but you don't get a bond if you agree to a plea bargain. The defendant has already served 14 months for 1 count of aggravated assault and 1 one count of aggravated battery. In addition, the defendant has no prior convictions. The plea deal that was reached includes 5 years capped without the possibity of parole. I think the deal is questionable considering the fact the defendant still maintains his innocence.

    Is there anything the defendant can do to appeal the plea bargain that he was wrongly coerced to accept?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can I Appeal a Plea Deal?

    If he hasn't entered the plea yet, he can talk to his lawyer about modifying the deal.

    If he has, he stated on the record in open court that he understood the plea deal and was not promised anything beyond the terms of the plea deal as recited in court. That makes it tough to argue that he didn't understand. But certainly, he can discuss his situation with his lawyer or, if he prefers, consult a different lawyer about his remedies.

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