Can I appeal a case that was plea bargained?

Question

I plead guilty to a felony in 2004 and was sentenced to 2 probation. My probation officer revoked me and i had to go to court agian and the public defender told me he was mad because he had no idea how i got a felony because the crime I committed was a MISDEMEANOR!!! WHAT CAN I DO....my original attorney didnt advise me of this..Can i appeal it?

Answer 1

Yes you can but you need a good attorney. Cases are retried all the time. You argument should be based on your constitutional right to 'adequate' legal counsel.

Answer 2

Why isn't your public defender answering this question for you? I can't tell from your account what happened. If you are saying you pleaded to a felony charge, but you actually committed a misdemeanor, you're probably out out of luck. You chose to plea. When you offered your plea, the judge went through a list a questions (the "colloquy") to make sure you were entering the plea voluntarily and with an understanding of your rights. It's maybe the PD's opinion after the fact and based on what you're telling him that you could have bargained down the charge to a misdemeanor. That's not grounds to set aside the plea. On the other hand, if your public defender is telling you that your misdemeanor charge was somehow treated as a felony,I think every state has a court rule that allows a defendant, at any time, to go back to court to correct a mistake. It's not an appeal, you just go back to the same court and ask the judge to correct the error. In some circumstances you can vacate the conviction and get a new trial. It's not an easy thing to do. Your public defender should be advising you on your options and whether you have grounds to bother with trying.

Answer 3

Appeal the case based on inexcusable negligence that you did not know the reason why you pleaded guilty. You could have not pleaded guilty if you were aware of the otucome of the case.

Answer 4

The big problem is that you plead guilty, however, yes you can file for an appeal.