Legal Question in Criminal Law in California
Offers
If a deffendant was given a choise of 40 yrs to life or 12 years and he took the offers becuase they told him that he would never win the case can he do an appeal and how long would it take? Is there any chance that he could come out earlier?
2 Answers from Attorneys
Re: Offers
You cannot appeal because you probably waived your right to appeal in the plea agreement. You can do a motion to set aside the plea on the grounds of ineffective assistance of counsel, but no guarantee of outcome, and you could end up with a deal you like less.
Re: Offers
If 'he took the offers', the case is over, unless he is willing to pay the substantial fees of an appeal or other appropriate proceedings. If he wants to do so, and is still timely, and has valid grounds for it, and is willing to run the risks, feel free to contact me.
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