When Can You Appeal A Conviction?

When a defendant goes to trial and receives a guilty conviction, they can appeal the conviction. However, this is not how it works when a defendant pleads guilty. As part of a guilty plea, you would waive your right to appeal the conviction. In some instances, you may have grounds to make a motion to withdraw the guilty plea. However, withdrawing a guilty plea after the conviction is entered can be challenging. Read on to learn more.

Appealing a Guilty Conviction

To qualify to file an appeal, you must have gone to trial and been found guilty by a judge or jury. When you file an appeal, you ask a higher court, called an appellate court, to review your case.

You can file an appeal for various reasons, including the following;

• The trial was unfair
• The sentence is excessive
• A legal error occurred during the trial

Withdrawing a Guilty Plea

After a judge has sentenced you, it is difficult to withdraw a guilty plea. However, it is not impossible. A judge may grant your motion if you can show “good cause” for withdrawing your plea. Typically, you can show “good cause” if you can establish, among other things, that;

• You did not comprehensively make the plea
• Your defense lawyer made the plea without your consent
• You entered the plea under duress, which is a situation where someone made unlawful threats or coerced you.
• You were represented by an ineffective attorney
• You were prejudiced by a language barrier
• You did not know about the consequences of a plea
• You were denied your constitutional rights, such as the right to legal counsel.
• There is new evidence of innocence

Ineffective Representation

Simple dissatisfaction with a criminal defense attorney is not enough to justify withdrawing a guilty plea. Instead, it is generally a requirement that you show that the attorney was ineffective during the plea process. Proving ineffectiveness typically entails establishing that your attorney did a terrible job and the terrible job made a difference in the outcome of your case. Examples of cases where the courts have found that a defendant had inadequate representation during the plea process include cases where;

• The attorney did not negotiate on behalf of the defendant at all
• The attorney failed to convey complete, unbiased, or correct information
• The attorney overstated or understated risks in order to pressure a defendant

What Happens After the Court Allows You To Withdraw a Guilty Plea?

After the court permits you to withdraw your guilty plea, it does not mean that you have been acquitted of your charges or your conviction has been overturned. When a guilty plea is withdrawn, you are placed back in the pre-conviction stage of the case.  You can negotiate a new agreement or go to trial.

Contact an Indianapolis Criminal Defense Lawyer

If you need help avoiding the maximum penalties for your criminal charges in Indiana, contact a skilled and aggressive Indianapolis criminal defense lawyer at Rigney Law LLC.

Source:

law.cornell.edu/wex/appellate_court