if you plead guilty and receive a life sentence can you still appeal
Waukegan, IL
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Posted about 1 month ago in Appeals
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My brother inlaw plead guilty to 2 counts of agravated criminal sexual assult and home invasion. Can we appeal it?
Answers (1)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Your brother in law had to stand before the court and agree to the guilty plea. He had to answer questions from the judge including things like whether he had sufficient time to talk the matter over with the attorney, whether he understood the ramifications of the plea, whether he agreed to waive appeal rights, whether anyone had given him inducements to compel him to take the plea, etc.
So, to go back and say that he was lied to also says that he 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 and evidence no one can say. Check with a lawyer in your locale to discuss more of the details. You might read my Legal Guide "Questions to Consider Before Bringing an Appeal " http://www.avvo.com/legal-guides/ugc/questions-to-consider-before-bringing-an-appeal Have him get a lawyer right away because appeal deadlines are strict. If he misses one his rights can be compromised or lost. You might read my Legal Guide "Can An Attorney Really Help?" http://www.avvo.com/legal-guides/ugc/can-an-attorney-really-help Good luck to you. God bless. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |