Asked over 5 years ago - Pennsylvania
FlagMy friend was convicted in a Pennsylvania court for 5-10 years after pleading nolo contendre. He was sentence 5-10 years. His appeal has been denied. Is there anything he can do to get his sentence modified? He also feels his attorney did a poor job in representing him. Is there any recourse in that area?
The odds do not appear to be very good for your friend. Typically, by entering a plea of guilty or, in this case, a no contest plea, a defendant agrees to waive various critical protections--which makes challenging such a plea an uphill battle. A transcript was undoubtedly recorded of the plea proceeding in which the judge questioned your friend about important issues, such as if he was satisfied with the legal representation provided to him, if he understood the nature of the allegations and the evidence that the prosecutor would present if the case was tried, and the effects of pleading no contest. What isn't clear from the question posed is whether the appeal was filed by the same attorney, the grounds that the (denied) appeal raised, or even whether it was timely filed.
"Ineffective assistance of counsel" is an argument that sometimes works in getting a guilty plea vacated. There was a recent Federal court decision which held that the mere fact that a lawyer advised his client to plead guilty was some evidence of ineffective assistance -- especially if the guilty plea carried a severe penalty. Another lawyer needs to look at all the transcripts and see whether this argument might carry any weight in your friend's case.
You had to stand before the court and agree to the guilty plea. You had to answer questions from the judge including things like whether you had sufficient time to talk the matter over, whether you understood the ramifications of the plea, whether you agreed to waive your appeal rights, whether anyone had given you inducements to compel you to take the plea, etc. Forget about what your attorney did or did not do, just for a moment. To go back and say that you want to appeal also says that you committed perjury to the court which is what makes an appeal after a plea so very, very difficult. There are avenues of appeal but it is very difficult. Without knowing the details about your Sixth Amendment right to effective counsel claim and what evidence if any there is, no one can say. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
God bless.
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