Legal Question in Criminal Law in California
can I get an appeal on a felony conviction after pleading guilty
4 Answers from Attorneys
Probably not. Pleading guilty waives most issues that might otherwise be argued on appeal. There are just a few exceptions, such as challenging the denial of a motion to exclude evidence. You can also appeal based upon failure of the court to properly tell you what rights you are waiving with a guilty plea. And you can appeal rulings made after the plea, unless the plea agreement says such rulings would be proper.
But most plea agreements include a clause that says the defendant won't appeal. If you have such a clause but appeal anyway, the government can ask the court to say you breached the agreement. That is true even if you would otherwise have a strong argument on appeal.
Eve
No, you waived all those rights in your plea.
Highly unlikely ... if you have compelling reason to do try to unravel it, discuss it with some attorneys local to where the case was heard. Just changing your mind is not going to be sufficient. Good luck!
Let me add to my prior response. You can raise other issues on appeal if the court where you were convicted gives you a certificate of probable cause ("CPC") agreeing that those issues should be reviewed by the appellate court. If you want a CPC you need to ask for it quickly after judgment has been entered, since there are strict time limits.
Related Questions & Answers
-
My brother in law is in county jail with 2 strikes on his record & now is... Asked 9/11/12, 10:04 pm in United States California Criminal Law
-
If a parent hits a child and the child hits back,can the child be charged? Asked 9/11/12, 5:38 pm in United States California Criminal Law
-
A neighbors pit bulls have repeatedly broken through our fence and entered our... Asked 9/11/12, 12:06 pm in United States California Criminal Law