Appealing process

[PONYBOY92072]

What is the name of your state? Florida

If I take a plea agreement and plead guilty, are there any circumstances for appealing after the 3o days is over? For instance, if I discovered that my attorney was incompetent, etc.

 

[racer72]

You can't appeal a plea bargain, period.

 

[PONYBOY92072]

Appealing Process

Ok, Can I sue my attorney for giving me wrongful advice on the evidence. For instance, the evidence against me was was some tickets that they said I resold for a profit. But they only have 3 witness that say I sold them tickets. I asked my attorney if it was possible to get the other ticked tossed out because they neglected to get witness names and information from them. In other words, if they don't have anyone to say I sold them the ticket how could they prove that I profitted from the sale of the ticket. The difference between the 3 tickets they have witnesses for and the tickets they don't have witnesses for is a misdemeanor v felony.

 

[racer72]

Hire a different attorney if you don't like the job your current attorney is performing.

 

[PONYBOY92072]

I got hosed!

I have already plead guilty and accepted a plea agreement. But since then I have discovered that the my attorney appointed by the judge specializes in the section of Family Law, not Criminal Law. I also have discovered that my attorney and the prosecutor have worked togther as board members on a few commitees. I would have never accepted the plea agreement if I had known that my attorney wasn't a Criminal Law attorney. Also I believe that the legal advice he have me was wrong. while serving my community service I have also learned that the penalties of my plea agreement is more harsher than those who have been arrested with 3 pounds of crack cocaine, weapons and avaiding the police, or Beating their wife and trying to stabb her. I just believe that I got hosed by my attorney and wanted to know if there was anything I could do about, according to post, I guess I can't. Thanks for all the responses.

 

[PONYBOY92072]

Racer72, you were wrong about appealing a plea agreement.

Racer72, in a earlier post you stated that I couldn't appeal a plea agreement. Since then I have done some research and found that not to be true. As a matter of fact, I have found hundreds of cases where a defendant who plead guilty and accepted a plea agreement then appealed and was successful. I'm shocked that you, didn't know this.

 

[racer72]

You asked if you could appeal the guilty plea, you can't and I stand by my post. When you stated your reason for appeal was ineffectual representation, what did I tell you to do? Yep, hire a different attorney. You then have a slight chance of modifying, but not appealing your guilty plea. The only other appeals available for plea bargains are related to the sentencing and you never stated that was your reason for an appeal.