Legal Question in Criminal Law in California

Can I appeal my accpeted sentence???

i accepted a sentence last week, i felt like my lawyer didnt do anything... she just told me the DA does not want to continue anymore and said we have to settle today....


Asked on 7/13/09, 12:36 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can I appeal my accpeted sentence???

Ask for your file and your money back and maybe you can withdraw your plea and get a lawyer who will prepare for trial. You waived your right to appeal along with the rest of your rights when you pled guilty.

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Answered on 7/13/09, 12:49 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can I appeal my accpeted sentence???

By "accepted" I presume you mean it was part of a plea bargain. There are few things you can appeal after pleading guilty or no contest. Your sentence is indeed one of them, but the fact that such an appeal is allowed does not mean you're likely to win. If the sentence was legally permissible and was within the range you agreed to, you are probably stuck with it.

Mr. Stone is right that you may still be able to withdraw your plea, but such withdrawals are rarely allowed. Nothing you have written suggests that you will be allowed to do this. Even if you can withdraw your plea, you will be right back where you were when you entered it -- headed toward an imminent trial.

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Answered on 7/13/09, 1:46 pm


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