Can you appeal a guilty plea

Likewise, certain factors support, but don't mandate, a judge allowing withdrawal of a guilty plea. For example, judges are supposed to take into account the length of time between the plea and the attempt to withdraw; typically, the quicker the attempt, the better for the defendant unless it's so prompt that it indicates haste.

Another circumstance in a defendant's favor is lack of counsel: Not having legal representation when pleading guilty is a fact tending to support subsequent withdrawal. Plenty of people who take a turn through the criminal justice system are unhappy with their lawyers. But simple dislike for or dissatisfaction with a lawyer isn't enough to withdraw a plea. Rather, the lawyer must normally have been ineffective and the reason the defendant pleaded guilty.

For example, suppose Clay's lawyer didn't investigate or otherwise work on the case at all, but nevertheless convinced his client that conviction at trial was automatic. Meanwhile, there was exonerating evidence that a competent lawyer would have discovered and that would have inspired Clay to go to trial.

If Clay pleads guilty in that instance, he might be able to withdraw his plea. There are various situations in which trial or appellate judges are generally supposed to allow defendants to withdraw their pleas. These include—but aren't limited to—the following:. After a defendant, with the court's permission, withdraws a guilty plea, the case normally reverts to the point before the original plea.

The defense can hammer out another deal with the prosecution or go to trial. If the reason for the withdrawal undermines the prosecution's case as in the instance of newly discovered evidence of innocence , the judge might even dismiss the charges. But withdrawing a plea doesn't always end happily: There's typically no guarantee that the defendant won't receive a harsher sentence if convicted again.

If you pleaded guilty or " no contest " to a crime and want to withdraw your plea, consult an experienced criminal defense attorney not one whose poor performance necessitated the withdrawal. Such a lawyer can explain all the conceivable bases for setting aside a plea and analyze your prospects. That lawyer will also know the appropriate procedure—whether, for example, to bring a motion in the trial court or to seek review by an appeals court.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.

Grow Your Legal Practice. Meet the Editors. Withdrawing a Guilty Plea. If this has happened to you or a loved one, it is important to know that you still might have legal options for an appeal. To learn more about your appeal options, call or contact The Appellate Law Firm today. Courts are reluctant to overturn a criminal plea of guilty, but it is not impossible to do so in some cases.

In criminal cases in which the defendant accepted a shorter sentence in exchange for a plea, the appellate courts often do not reconsider the case. However, if that guilty plea occurred because of significant errors in law or misconduct at the trial level, you may be able to appeal the case.

Errors in law refer to significant mistakes made by the prosecutor or judge at the trial level. This can include violations of search and seizure laws, errors in pretrial motions to include or exclude evidence, and more. Misconduct can include an ineffective assistance of counsel, prosecutorial misconduct, and other illegal activity that prevented the defendant from receiving a fair trial.

An appellate attorney must be able to show that the grievous mistakes occurred, and that but for these mistakes, the outcome could have turned out differently for the defendant at trial.

Not all guilty pleas can be appealed to the appellate court. Alabama , U. Therefore, prosecutors should ensure that the record reflects that the defendant knowingly and voluntarily waived his or her right to appeal the sentence. Johnson , supra ; United States v.

Attar , supra ; United States v. Bushert , supra. It is recommended that both the plea agreement and the Rule 11 colloquy specifically spell out the sentencing appeal waiver. The plea agreement should expressly state that the defendant understands the meaning and effect of the agreement and that his or her waiver of rights is knowing and voluntary.

The defendant and counsel can be required to sign those provisions separately. Two courts of appeals have found sentencing appeal waivers to be knowing and voluntary solely on the basis of the clear language of the plea agreements. Portillo , 18 F. DeSantiago-Martinez , supra. Nonetheless, relying solely on the text of the plea agreement is risky. The better practice is for the district court to supplement the plea agreement by specifically referring the defendant to the sentencing appeal waiver provision and obtaining the defendant's express waiver of his or her right to appeal during the Rule 11 hearing.

The courts of appeals will readily find a knowing and intelligent waiver of appeal in those circumstances. Marin , supra ; United States v. Melancon , supra. If a district court judge fails to obtain the defendant's express waiver of appeal during the Rule 11 hearing, a reviewing court can remand the case to the district court for that purpose. Stevens , 66 F. The general acceptance of the sentencing appeal waiver in the courts of appeals has caused criminal defendants to mount systemic challenges to the sentencing appeal waiver.

One common and repeated challenge to the sentencing appeal waiver is the argument that a sentencing appeal waiver is involuntary as a matter of law because the defendant will not know his or her actual sentence at the time that the waiver is executed. That argument has been rejected by two courts of appeals. Rutan , supra ; United States v. Navarro-Botello , F. Rutan reasoned that the validity of a waiver does not depend on the defendant's knowledge of all of the consequences of the waiver to be valid.

When a defendant agrees to plead guilty, he or she does not know whether the government can prove its case and how witnesses will testify. Nonetheless, those uncertainties do not make the defendant's waiver of his or her right to contest the government's case invalid as a matter of law.

For that same reason, the defendant's lack of knowledge of his or her actual sentence when the waiver is executed does not make a sentencing appeal waiver unknowing as a matter of law.

Criminal defendants are also attempting to find language in the plea agreement that allegedly authorizes them to appeal sentences despite the sentencing appeal waiver. For example, some sentencing appeal waiver provisions contain language that the defendant will be sentenced "in accordance" or "in conformity" with the Sentencing Guidelines. Although the obvious purpose of those provisions is to remind the defendant that he or she will be sentenced under the Sentencing Guidelines, some defendants have argued that the "in accordance" or "in conformity" language means that the defendant will be sentenced correctly under the Sentencing Guidelines.

Thus, if the district court errs in applying the guidelines to sentence the defendant, the plea agreement has been violated, which nullifies the sentencing appeal waiver. The Ninth Circuit has rejected that argument, reasoning that the defendant's position would effectively eviscerate the sentencing appeal waiver, which assumes that an error may be committed at sentencing.

Bolinger , F. Of course, that problem might be avoided by redrafting the plea agreement to make clear that although the defendant will be sentenced under the Sentencing Guidelines, he or she will have no right to challenge an incorrect application of the guidelines. Legality At the outset, it is important to note that the Supreme Court has repeatedly held that a criminal defendant can elect to waive many important constitutional and statutory rights during the plea bargaining process.

Scope of Sentencing Appeal Waivers A plea bargain is a contract between the prosecutor and the defendant.