Appealing a plea bargin

This is a discussion on Appealing a plea bargin within the Trials & Sentencing forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; If you are under distress and plead guilty to a plea bargin, how hard is it to win an appeal? ...

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Old Jul 19th, 2009, 01:17 PM   #1
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Default Appealing a plea bargin

If you are under distress and plead guilty to a plea bargin, how hard is it to win an appeal? The grounds would be:
1)Cop never read miranda rights/have proof
2)Public defender not doing enough to defend case and WILL NOT listen to anything that you have to say or inform you about what your options are. PD waving right of speedy trial without your permission. (PD decided to take a last minute vacation when you had an important court date)
3)Cop never followed through properly on investigation
4)You are truly innocent but had to get of jail to support family (that was the only way to get out of jail, no bond being offered)
5)Cop is lying, no joke!
I want to go trial, but I feel the PD is not confident, therefore I need to get a new attorney. Right now, I'm too far in the game and can't switch lawyers b/c it will prolong things too long. What are my options?
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Old Jul 19th, 2009, 01:25 PM   #2
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Default Re: Appealing a plea bargin

Quote:
1)Cop never read miranda rights/have proof (Probably wont matter only your statements would be removed from court case. All other evidence still is admissiable)
2)Public defender not doing enough to defend case and WILL NOT listen to anything that you have to say or inform you about what your options are. PD waving right of speedy trial without your permission. (PD decided to take a last minute vacation when you had an important court date) (The time to argue that was during case not after)
3)Cop never followed through properly on investigation (You know what is the proper investigation?)
4)You are truly innocent but had to get of jail to support family (that was the only way to get out of jail, no bond being offered) (Has no bearing on your claim)
5)Cop is lying, no joke!(You need proof)
I want to go trial, but I feel the PD is not confident, therefore I need to get a new attorney. Right now, I'm too far in the game and can't switch lawyers b/c it will prolong things too long. What are my options?
Getting an appeal on a plea bargain is almost impossible! You will need some big cash and a Lawyer
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Old Jul 19th, 2009, 01:52 PM   #3
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Default Re: Appealing a plea bargin

The video shows the cop never read rights. Does that make a difference?


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Originally Posted by sunlover View Post
1)Cop never read miranda rights/have proof (Probably wont matter only your statements would be removed from court case. All other evidence still is admissiable)
2)Public defender not doing enough to defend case and WILL NOT listen to anything that you have to say or inform you about what your options are. PD waving right of speedy trial without your permission. (PD decided to take a last minute vacation when you had an important court date) (The time to argue that was during case not after)
3)Cop never followed through properly on investigation (You know what is the proper investigation?)
4)You are truly innocent but had to get of jail to support family (that was the only way to get out of jail, no bond being offered) (Has no bearing on your claim)
5)Cop is lying, no joke!(You need proof)
I want to go trial, but I feel the PD is not confident, therefore I need to get a new attorney. Right now, I'm too far in the game and can't switch lawyers b/c it will prolong things too long. What are my options?

Getting an appeal on a plea bargain is almost impossible! You will need some big cash and a Lawyer
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Old Jul 19th, 2009, 01:54 PM   #4
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Default Re: Appealing a plea bargin

Only in regards to any statements you made at that time.
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Old Jul 20th, 2009, 01:44 AM   #5
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Exclamation Re: Appealing a plea bargin

Scoplaw: Denial, Perspective, Jail House Lawyering
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Old Jul 20th, 2009, 08:18 AM   #6
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Default Re: Appealing a plea bargin

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Good point! It just really sucks when you need to plead guilty to something you honestly didn't do. It's a case of being in the wrong place at the wrong time. By the way, no felonies, just a couple misdemeanor driving offenses. Our jury only has 6 ppl too, what kind of crap is that?
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