A suspect chose to plea bargain and no trial. After 1 day in prison, he wanted appeal. What can he appeal?

Question

A. What would have happened at the trial.
B. How he is treated in prison.
C. Almost nothing, if in his plea bargain he signed away his right to appeal.
D. The prejudice against him of the officer who investigated the case.

Answer 1

Generally, no. He cannot appeal a plea bargain, because he plead guilty (either to the top counts or to lesser charges).

Some plea agreements are made contingent to the right to appeal pre-trial issues. For example, if the defense moved to exclude a particular piece of evidence, and the judge allowed it in, the defense may plead guilty while reserving the right to appeal that decision (and withdraw the plea on a reversal).

Of the list, either C or D might apply. B would be a collateral attack on the imprisonment, not a direct appeal. A wouldn't apply, because an appeal can only address what did happen, not what might have happened.

Answer 2

You can appeal almost anything these days. His chances are slim though. In order to enter into that plea he most likely waived his 5th amendment rights, so what he admitted to inorder for the plea, could be used in court against him.

Answer 3

"C" is essentially the most right reply. "A" isn't correct when you consider that you are not able to enchantment a "what would have occurred". "B" isn't correct both, that might be a separate hassle, having not anything to do with the plea cut price. "D" isn't correct, once more that's a separate hassle, having not anything to do with the plea cut price.

Answer 4

because after seeing all the a** banging, throat cutting, beat down one night was enough don't want to see nor end up in any of those situations.