Can I File an Appeal After Accepting a Plea Agreement?
Plea agreements in Indianapolis criminal cases are often beneficial and welcome for defendants when the agreement will result in a lesser sentence and, in many cases, a less serious offense on their criminal record. In general, it is never advisable to accept a plea agreement without assistance from an Indiana criminal defense lawyer who can negotiate the plea agreement with the prosecutor and help to ensure that the deal is the right one for you to take under the circumstances. Whether you accepted a plea agreement while defending yourself, or even in some cases while having a lawyer represent you, there may be a good reason that you want to appeal.
Can you file an appeal after accepting a plea agreement? It depends on the terms of the plea agreement and, most significantly, whether or not you have waived your right to appeal in signing the plea agreement. Even if you did, you could still be eligible for post-conviction relief.
Waivers in Indiana Plea Agreements
In accepting a plea agreement, you will be pleading guilty to one or more criminal offenses (typically lesser offenses than what you would face if you were prosecuted and convicted). While Chapter 3 of the Indiana Code, which governs plea agreements, does not require that the plea agreement include an appeal waiver, prosecutors will often include an appeal waiver in a plea agreement.
If your plea agreement did include an appeal waiver, Indiana case law suggests that you should expect any court to uphold the waiver (i.e., to say that the waiver applies to your case and that you cannot appeal) as long as there is evidence that you knowingly and voluntarily agreed to the appeal waiver. If there is a possibility that you can show you did not knowingly and voluntarily enter into the plea agreement or the agreement in relation to the appeal waiver, it is possible you could be able to appeal. Otherwise, you will need to determine whether you could be eligible for post-conviction relief. If your plea agreement does not contain an appeal waiver, you may be able to appeal if new information comes to light.
Post-Conviction Relief in Indiana
Under Indiana Rules of Post-Conviction Remedies, there are only limited circumstances in which you may be eligible for post-conviction relief. A lawyer can tell you more and assess your case for eligibility.
Contact Our Indianapolis Criminal Defense Lawyers Today for Assistance
Are you in a situation in which you are anticipating a plea agreement and need help vetting the agreement? Or did you previously accept a plea agreement as a pro se defendant or with assistance from another lawyer, and you believe you may have grounds to appeal? It is critical to seek legal help from a lawyer with experience handling plea agreements and post-conviction relief in Indiana. One of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can speak with you today about a plea agreement or any questions pertaining to your rights after accepting a plea in Indiana. Contact our firm to find out more about how we can assist you.
Sources:
law.justia.com/codes/indiana/2011/title35/article35/chapter3
in.gov/courts/rules/postconvict/index.html
casetext.com/case/creech-v-state-40
