i feel that i was forced to take a plea i was told i couldnt obtain my own counsel after my public defender even stated we had trouble communicating and was told i had to make my decision or take it to trial . I never had an official hearing of any sort the court dates I had were always continued and not for any of my own reasons i was made to waive my rights because my public defender was goin out of the country and the prsecutor had a homiside case he was dealing with. i feel like im being railroaded and dont have proper counsel to help me thru this
You can appeal a plea bargain if you were threatened or coerced into taking the plea. However, at your plea you probably stated on the record that no one had promised you anything or threatened you in order for you to agree to the plea. This is going to be something you have to address in the appeal. Its difficult to appeal a plea bargain. Most of the time it doesn't work and even if you successfully appeal it brings you back to the same point where you must choose between a plea and trial- only this time the prosecutor's office may be less likely to let you plead out. Its your decision whether to appeal.
If you do want to appeal you need to call the public defender's office and inform them you want to appeal. Tell them they need to file a notice of appeal and you need appellate representation. You have a very short timeline to appeal, so it is important you talk to the public defender's office immediately.
Best of luck,
Shannon K. McDonald
Appealing a guilty plea, even an Alford plea, is a difficult proposition for all the reasons stated above. It may depend on how long ago the plea was. If it was more than thir days ago, there is almost no chance, but under only the most extreme circumstances can it be challenged more than one year after the plea.
I expect that if the plea was fairly recently, you may be able to retain an experienc attorney to petition the court to allow you to withdraw your plea.
No one "forced" you to take a plea. The sentencing Judge most probably found that your plea was knowingly, voluntarily and intelligently made and that no one forced you to plead or made any threats or promises to make you plead guilty. Why did you accept the plea offer? Why didn't you go to trial? There are many basis for appealing a conviction, but as the others have indicated - it is much more difficult to withdraw a plea.
Answers to questions are for general purposes only and do not establish an attorney-client relationship.The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not permit confidential communication.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline