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Can we appeal a decision after sentencing? We believe my fiance was misrepresented by his public defender.

Onamia, MN |

“My fiance had a public defender for a criminal DWI hearing. There was a warrant for a blood draw to test his BAC level, but I just learned today that the blood wasn't drawn until 3 hours and 40 mins after the accident. He pleaded Guilty because we weren't aware of this. How can he appeal the sentence?”

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Attorney answers 6


Yes. Retain an attorney to file a post-conviction motion. Under these circumstances you may have a valid basis for plea withdrawal.

Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.


Depending on what your fiancé pleaded guilty to, you have strong claims for relief. The only way to address this is to have a lawyer file a motion on your behalf. The other issue is that you will want an attorney to review your case quickly, there are time limits attached to some of your possible remedies.


A test must be obtained within two hours of driving if he pled guilty to .08 or more (or .20 or more) charge. I very recently obtained for a client a petty careless on a .20 or more charge as a result of this type of situation. If he pled guilty to driving under the influence, the two-hour requirement would not be required. You should contact a lawyer immediately because there are time requirements. Also, you would not be "appealing the sentence" but attempting to vacate everything including the plea and the sentence (if he has been sentenced).

This attorney may accept avvo posters to this forum as clients, but any communication herein does not establish an attorney-client relationship, and is not intended to be legal advice.


You have 30 days after sentencing to appeal from a misdemeanor or 90 days after sentence for a gross misd. or felony; you have 2 years after sentencing to file a Petn. for post conviction relief to challenge the actions of the original atty. You definitely need to consult w/ some highly rated 10.0 Atty's. about this.

This is not legal advice. Communications on this website do not establish an Attorney-Client relationship. This site is only to be used for general information, not advice on what to do with your specific case.


If may seek to withdraw his plea. Appealing a sentence is possible, but is not likely to be successful if he entered a plea and waived all of his rights. You should retain counsel.

Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.


Yes an appeal is possible. Please do secure an attorney with no delay and she/he will assist you. Tricia Dwyer Esq.

MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.

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