Legal Question in Appeals and Writs in California

Good Faith Plea Bargaining

If a defendant accepts a plea bargain in good faith and later learns that s/he is not guilty of the charge, can he appeal or fight the conviction?


Asked on 5/23/00, 5:19 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Good Faith Plea Bargaining

I'm not sure I understand how the defendant could have learned of his/her own innocense only after accepting the plea bargain, but such things can happen.

Appeals from guilty pleas are frowned upon, although an appeal can be used to contest a harsh sentence if the sentence was not part of the bargain. Other than that, the defendant must seek a certificate of probable cause from the trial court attesting that there is an actual, plausible basis (such as duress) for the appellate courts to review the case. This certificate and the notice of appeal must be filed together very soon after the plea is entered.

An argument that you made the wrong decision, though, is not a basis for an appeal.

You can still seek relief through a habeas corpus petition.

Feel free to contact me directly if you wish to discuss this further.

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Answered on 7/06/00, 3:21 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Good Faith Plea Bargaining

Not on that basis. Plea bargins are often offered to people precisely because the DA knows they are innocent.

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Answered on 7/05/00, 2:58 pm


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