How long after being sentenced can I fill for an appeal in Ohio, on a felony case that I accepted a plea bargain on?

Asked over 2 years ago - Toledo, OH

I only accepted the plea cause my public defender talked me into it but now feel like I got screwed by doing it.

Attorney answers (3)

  1. Thomas Gregory Haren

    Pro

    Contributor Level 6

    4

    Lawyers agree

    Answered . Where a person accepts a plea, his or her grounds for appeal are much more limited than if he or she had gotten convicted. Anybody considering an appeal should consult with a criminal defense attorney as soon as possible, so that the appeal can be filed within the applicable time limits.

    A response to a question on Avvo is NOT legal advice. These answers are provided for general informational... more
  2. David Keith Greer

    Contributor Level 12

    4

    Lawyers agree

    Answered . You have 30 days after your sentencing to file an appeal. If you haven't been sentenced yet, you need to quickly file a motion to withdraw your plea, stating you had bad advice from your public defender. The best chance to have a motion to withdraw a plea granted is before sentencing.

    If you've already been sentenced however, you can still file an appeal if the court (1) received insufficient information to ensure the plea was knowing and voluntary; or (2) failed to follow guidelines under Criminal Rule 11 when accepting the plea.

    Either way, you'll need a new lawyer, because you have a conflict with your public defender, since you're alleging it was their ineptitude for talking you into the plea.

  3. Anne Whalen Gill

    Contributor Level 13

    3

    Lawyers agree

    Answered . Your public defender should answer this question. A lot depends on whether your plea agreement preserved any issues for appeal. If not, you should consult with a different lawyer about whether you received ineffective assistance of counsel.

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with... more

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