Legal Question in Criminal Law in Kansas

Plea bargin

I accepted a plea bargin of 109 months. At the time I entered this I was under the influence of narcotic pain pills given to me by a doctor. I was wondering if I took my case to the court of appeals and it went to trial could the court decide to give me more then the 109 months I am all ready serving?

Asked on 8/27/04, 6:49 pm

1 Answer from Attorneys

Brian Leininger Leininger Law Office
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Re: Plea bargin

You don't need to appeal, you need to file a motion to withdraw your guilty plea. Courts are very reluctant to allow people to withdraw their guilty pleas, but you have a chance if you can prove you were on narcotic pain pills.

Yes, if you are allowed to withdraw your plea, then go to trial and lose, it is possible you would get a longer sentence.

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8/27/04, 11:26 pm

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