Legal Question in Criminal Law in California

If forced to take a sentence to avoid life, can I appeal or have a writ


Asked on 7/10/12, 3:02 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Pleading guilty -- whether as part of a plea deal or not -- waives most issues that might otherwise have been available to argue on appeal. The few exceptions include the erroneous denial of a motion to exclude illegally-obtained evidence, failure to properly inform the defendant of the consequences of his plea, and issues (mostly sentencing) that arise after the plea. Other issues can be appealed if the trial judge issues a certificate of applicability, agreeing that the issue seems meritorious enough to allow an appeal which would otherwise have been barred by the plea deal.

The pressure to avoid a possible life sentence is severe, but it is precisely the type of pressure that most plea bargains come from. It is not a reason to depart from the usual rules, as I have described above.

Good luck.

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Answered on 7/10/12, 3:13 pm
Terry A. Nelson Nelson & Lawless

Nobody forced you to plead, and you entered on the record a voluntary plea that included acknowledgment of your right to appeal, which you waived in order to get the plea bargain. You don't get 'do overs'.

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Answered on 7/10/12, 5:10 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

If you were truly "forced," maybe yes ...but you weren't. (or explain what you mean by that.) As mentioned above, voluntariness will be reflected in the record. Taking a deal to avoid the death penalty potential is not a "forcing," it's a choice of what's found the lesser of two evils. Good luck with your case.

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Answered on 7/10/12, 11:41 pm


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