Is there anyway to appeal a sentence before I am actually sentenced? I took a plea bargain that was no bargain

Question

I was accused of a serious crime I did not committ. They (DA) had no evidence for the duration of the case, two years. Now weak evidence has surfaced and I cannot prove that I am innocent so I accepted a plea bargain which is rather harsh considering they had nothing linking me to the victim other than their word against mine. need to know if my lawyer can still negotiate after the judge has cooled down prior to the date of the actual sentencing. I had to lie in court and say I did something that I didn't and represented by a public defender I did it because a jury would most likely believe the victim despite a lack of evidence Can anyone help? I have no money for a good lawyer and did not want to go to prison for a crime I did not comitt but 6 years of probation, 60 days of jail and sex offender registry (low level) is very stiff considering all the victim did was just name people in the neighborhood and lie to the police. There is no evidence saying otherwise other than a statement

Answer 1

if you did not do it then why did you lie in court and admit you did? you claim all they have is weak evidence but it is enough a jury would convict? your statement just does not make sense. if you think you got that bad of representation then speak out. call the news, advocacy groups, contact public defenders office and file a complaint. the judge does not want an innocent person being convicted. why would the judge need to "cool down"? none of this makes sense but if you are looking at being registered as a sex offender and on probation for 6 years it is obvious there is a lot to this and not just what is stated here. make noise if you are innocent and don't stop proclaiming your innocence the court will listen.
good luck

Answer 2

I would like to add that yes, it is possible to appeal a decision, but you would need a better attorney than a public defender in a situation like this. Accepting a plea bargain is telling the court "Yes, I did it,,,I am guilty". Under certain circumstances, you can attempt to reverse this, but as I say, it wont be cheap. I do wish you luck and I hope this helps.

Answer 3

It depends on EXACTLY what the current state of the case is.

Once your conviction has been formally entered there is virtually NO chance of getting it reviewed. If the conviction has not yet been formally entered then you may still be able to retract your plea and go to trial.

The problem with that, as you obviously already know, is that juries tend to be pre-disposed to believe the worst in sex crime cases, and that by going to trial you risk getting convicted of the most serious charge they bring, and getting the heaviest possible sentence.

Richard

Answer 4

I don't know what state you're in but here in Florida only under certian circumstances can you withdraw your plea. The reason being is that the judge asks you, while taking your plea, if you are willing to waive all your rights to enter the plea. It goes alot deeper and would take all night to explain in this forum so I strongly suggest you seek the advice of counsel...Good luck