Can one appeal a case if they accepted a plea of guilty (car accident passanger dief) attorney avised?
Thursday, May 8th, 2008 at
11:33 am
Nichell G asked:
to take a plea deal. serving a 2 year sentence (vehicular homicide) 1st degree. Serbian client who did not understand the USA laws
to take a plea deal. serving a 2 year sentence (vehicular homicide) 1st degree. Serbian client who did not understand the USA laws
Yes they can appeal. The court however does not have to accept the appeal and will decide on the specifics of the case which can not be summarized in a paragraph or two.
To get the court to accept an appeal, the appeal would need to be based on something more than he is a foreigner and did not get it. He would have to show that his legal representation was ineffective and that had he had better representation a different outcome is likely.
Usually the papers that you signed when you accepted the plea state that you can not appeal.
Read the court documents, of course you can always find an attorney who is willing to take your money even if you don’t stand a chance.
Yes you can appeal anything. However, courts are very unlikely to hear a case where the person plead guilty.