Legal Question in Criminal Law in Florida

Appeals on plea bargains

A plea bargain was accepted and the person was sentenced Dec. 2000 to life in prison without a chance of parole. My question is: Can that person go back to court on these charges, I guess on appeal? Or, since the person accepted the plea agreement and is serving the sentence, is there any thing that can be done for that person to go back to court to try to get a reduced sentence? Also, the grounds for going back would be because of a possible technicality. I want to do whatever I can to help this person, even getting an attorney, but first I need to know the answer to my question. Thank you.


Asked on 10/07/02, 12:19 pm

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: Appeals on plea bargains

There is a procedural rule that limits the time to request a withdrawal of a plea to 30 days after sentencing. However, there are exceptions. Additionally, there may be constitutional grounds that can be raised regarding the plea.

An appeal must be commenced within 30 of the date of sentence or else it is considered waived. Other forms of post-conviction relief include a rule 3.850 motion. They all have time limits and an attorney should be approached concerning these issues.

Caution should be taken when attempting to do better than an already excepted plea bargain. If any relief is granted typically it puts the defendant in the same place that he started. If he bargained for life in prison then understand that what he was facing initially may again loom its ugly head.

Contact an attorney directly and pay any consultation fee. It will be money well spent.

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Answered on 10/07/02, 1:06 pm


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