Can you appeal a conviction if you took a plea agreement?
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Can you appeal a conviction if you took a plea agreement?
Asked on December 17, 2012 under Criminal Law, Arkansas
Answers:
David West / West & Corvelli
Answered 12 years ago | Contributor
Yes you can appeal a plea; however, our system is designed to make this very hard to accomplish. The method most used for doing so is a Habeas Corpus petition and this is a type of appeal where you argue that your plea should be withdrawn as it was not entered into properly or legally. If successful, this will accomplish your plea being withdrawn and your case would return to court as if it were still unresolved.
What many people seeking these appeals believe is that if they are successful, a lawyer will get them a better plea offer and they will serve less jail time. This is usually wrong. In most cases, the prosecution will refuse to give the person a better plea or even the same offer and the Defendant will be forced into going to trial on their charges.
If you are seeking the opportunity to have your conviction overturned and to get the trial you really want, with all the risks of greater jail time that go with it, then a Habeas may be right for you. If you are simply hoping for a better deal then there is no appeal that is likely going to accomplish that.
There are attorneys, such as myself, that are experienced in filing and arguing Habeas Corpus petitions and you should consult with such an attorney to find out if this process is right for you.
Good Luck!
David West
Attorney at Law
David West / David West & Associates
Answered 12 years ago | Contributor
Yes you can appeal a plea; however, our system is designed to make this very hard to accomplish. The method most used for doing so is a Habeas Corpus petition and this is a type of appeal where you argue that your plea should be withdrawn as it was not entered into properly or legally. If successful, this will accomplish your plea being withdrawn and your case would return to court as if it were still unresolved.
What many people seeking these appeals believe is that if they are successful, a lawyer will get them a better plea offer and they will serve less jail time. This is usually wrong. In most cases, the prosecution will refuse to give the person a better plea or even the same offer and the Defendant will be forced into going to trial on their charges.
If you are seeking the opportunity to have your conviction overturned and to get the trial you really want, with all the risks of greater jail time that go with it, then a Habeas may be right for you. If you are simply hoping for a better deal then there is no appeal that is likely going to accomplish that.
There are attorneys, such as myself, that are experienced in filing and arguing Habeas Corpus petitions and you should consult with such an attorney to find out if this process is right for you.
Good Luck!
David West
Attorney at Law
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