Skip to main content

My son entered into a plea agreement in PA and was sentenced the next day.

Butler, PA |

We were in court on Tuesday morning for a status conference. My son told his attorney that he had decided to take the plea offer. He was kept at the courthouse until 2 PM for him to enter the plea. He was not allowed access to call me and I wasn't allowed to see him. He was sentenced on Wednesday. He is having second thoughts. What can he do now? This is a high profile murder case.

Attorney Answers 7

Posted

It is fairly easy to withdraw a guilty plea before sentencing, but very difficult to withdraw a plea after sentencing. That being said, the real question is whether or not it was in your son's best interest to accept the plea agreement. Often, defendants regret accepting a plea agreement because it entails a lengthy sentence, and not because they had a strong chance of winning at trial. Your son's attorney is in the best position to access the favorability of the plea agreement. The primary factors to consider are the likelihood of winning a trial versus the sentence imposed pursuant to the plea agreement.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

After sentencing, a defendant's rights are limited. He has 10 days to ask for reconsideration and 30 days to file a very limited appeal. The motions must be in writing and if he cannot afford an attorney one will be appointed free of charge.

Mark as helpful

1 found this helpful

11 lawyers agree

Posted

Your son's options are very limited under the circumstances and he must act quickly. He needs to meet with his attorney without delay to discuss his current concerns.

Mark as helpful

1 found this helpful

9 lawyers agree

Posted

I agree with attorneys Keller & Jones. I would add, if your son had an attorney, this should be brought to his or her attention immediately

Stew Crawford, Jr., Esq.

Crawford Law Firm
A Full Service Law Firm Serving New Jersey & Pennsylvania

223 North Monroe Street
Media, Pennsylvania 19063 (Philadelphia Area)
1-877-992-6311
www.crawfordlaw.org

E-Mail: crime@subroaw.us

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

Mark as helpful

1 found this helpful

9 lawyers agree

Posted

If your son made a mistake or was pressured into a plea every day that passes makes it less likely that he will be able to change it. You should find an experienced homicide attorney immediately. He has ten days to file post sentence motions and 30 days to appeal. The aforementioned dates are firm and must not be missed.

Evan Hughes, Esquire
www.philadelphiacriminallawyers.com

Mark as helpful

1 found this helpful

10 lawyers agree

Posted

I agree with the other attorneys that your son has 10 days to fie motions with the trial judge to post-sentence relief such as Motion to Withdraw Guilty Plea or a Motion to Modify Sentence. All post-sentence motions must be in writing and specify the reasons why relief is requested. Remember, if he entered into a plea bargain it is far more difficult to convince the Judge to allow him to withdraw his guilty plea because he knew the sentence he was going to receive. On the other hand, if he plead guilty and was awaiting a sentencing the trial judge will most likely allow him to withdraw his guilty plea. The key here is whether he took a plea bargain or whether he plead "open" which means he did not know what sentence the Judge would impose. You state that your son entered into a plea agreement but this might not necessarily mean that he knew the sentence to be imposed. Plea agreements do not always include the sentence to be imposed. Please let your son know that he must contact his attorney in order to file the above mentioned Motions. I am assuming that your son is and was incarcerated, so you must realize that the Sheriff cannot possibly allow inmates to see their Mothers while they are in the holding cell of the courthouse. This would be a huge security risk.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this answer contains general information and may not reflect current legal developments, verdicts or settlements. John P. Winicov and Law Office of John P. Winicov expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.

Mark as helpful

1 found this helpful

8 lawyers agree

Posted

Attorney Keller provides an excellent response. He has ten days to file a motion for reconsideration. He has thirty days to appeal.

Mark as helpful

3 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics