Legal Question in Criminal Law in Georgia

can i file an appeal for a withdrawal of guilty plea of dv misdemeanor while on probation


Asked on 6/26/11, 11:45 am

2 Answers from Attorneys

Lawrence Lewis Lawrence Lewis, P.C.

You entered a plea, you were placed on probation and you began your probation. You then didn't like probation ro thought you really were not guilty and asked the judge to allow you to withdraw your guilty plea. The judge denied the withdrawal of the guilty plea and you want to appeal that. IF those are the facts, then you have 30 days from the signing of the denial of the motion to withdraw the guilty plea to file an appeal. I suspect that you have nto employed an attorney, and you will need to in order to challenge the case properly. See my website for other helpful hints: www.lawrencelewispc.com Good luck.

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Answered on 6/26/11, 2:25 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post is a very good example of why NO one should ever go to Court without a lawyer in ANY case, especially a criminal one. You're asking, after a case is over, if there are do-overs in law. And no, there are not.

The entry of a guilty plea to any crime without counsel is completely foolish. It will likely make you virtually unemployable for life. It means you can't get into the military. It will keep you out of some schools. It likely will have other consequences. That is why you get a lawyer immediately when you get charged. Oftimes a lawyer may do things that help. He might win your case. Or he may negotiate a better disposition or at least keep your record clean with an alternative sentence.

What can you do now? Generally nothing. You're too late, but others can learn from your mistake. There are two exceptions: (1) If you are less than 30 days from your plea, you may be able to file an appeal - be aware appeals are very expensive and an appeal from a plea is generally not going to work unless there was a legal flaw in your plea, and (2) in some rare cases a lawyer may have additional ideas.

In either case, see a lawyer in the morning (and not tomorrow or next week).

And everyone else who reads this post will know to hire lawyers when they go to court.

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Answered on 6/26/11, 8:26 pm


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