My kid's dui did not go well. Yes 3 dui charges in 10 years but only one conviction! Jailed 4 mos,beat up in jail. At plea

Asked over 1 year ago - Palm Beach, FL

hearing though judge & overzulous prssicuter told there was a 00 alchol on one charge and police did not stay with the accused for the required 20 minutes prosecuter would except no mediation. Kid had to accept charges to plea out , stay in jail untill court trial where he would risk one year inprissonment accept plea in order to be released to rehab. Can it be appealed? Can we request a change of venue?

Attorney answers (3)

  1. Russell J. Ferraro III

    Pro

    Contributor Level 10

    7

    Lawyers agree

    Answered . If your son has already entered a plea of no contest or guilty, he will have to do a motion to withdrawal his plea if he wishes to fight the charges now. If he has not yet been sentenced, the Judge can allow him to withdrawal his plea at the judge's discretion. If your son has already been sentenced, he must prove that his plea was the product of coercion or duress, misrepresentation, fraud or mental incapacity. The same judge that took the plea will hear the motion. If the motion is denied, your son can appeal to the 4th District Court of Appeals. It is an uphill battle all the way around.

    For more information, www.stuartcriminaldefense.com The hiring of a lawyer is an important decision. Avvo is a... more
  2. John S. Castro

    Contributor Level 10

    5

    Lawyers agree

    Answered . I suggest contacting local counsel with experience in appeals. The answer to your question requires an in-depth analysis of the facts and circumstances surrounding the plea.

  3. Matthew Phillip Konecky

    Contributor Level 15

    3

    Lawyers agree

    Answered . Once your son waived his rights by entering the plea and signing the rights waiver form, there is very little he can do to appeal. If he was sentenced incorrectly, you could have some rights, or if his lawyer failed to do something that causes irreperable harm, he could have a right to set aside the plea. I will say the rights waiver form, and the plea agreement forms in Palm Beach County are drafted in a way to prevent many of these issues from happening. If you still feel like your son's case deserves some attention, consult a lawyer in the area to see if there truely is something that can be done.

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