Legal Question in Criminal Law in California

Re: Plea Bargains

Mr. Lentz and Mr. Farshi seem to believe that a plea bargain cuts off the right to appeal, but they are mistaken. A defendant who pleads guilty or no contest (they are equivalent for most purposes, as Mr. Farshi notes) can appeal under the limited circumstances I described in my prior answer.

Re: Plea Bargains

Only under very limited circumstances. The most common situation in which such an appeal would be allowed is where the defendant pled guilty because the court rejected a motion to suppress evidence. An appeal following a nolo plea is also proper where the court failed to properly ensure that the defendant understood the rights he was waiving by entering the plea. The defendant can also appeal the sentence or other orders entered after the plea, but such appeals would not challenge the conviction itself.

The only way the defendant can appeal any other aspect of the conviction is by obtaining a certificate of probable cause ("CPC") from the judge certifying that there is a legitimate issue worthy of the appellate court's review. The defendant must apply for a CPC in writing. The application must explain both what issues the defendant wants to raise on appeal and why he thinks they are meritorious.

Note that there is a deadline by which the notice of appeal must be filed. The rules for determining this deadline can be complicated and I won't try to explain them here. If you need a CPC in order to bring your appeal, you must get it *before* the appeal deadline passes. Since getting a CPC takes time, it is critically important to act quickly.

Re: Plea Bargains

You cannot appeal your conviction directly if you plead. However, you might have grounds and the time to withdraw or vacate your guilty/no contest plea. Such a move would effectively re-open your case and you would start anew. Feel free to contact me for a free consultation.

Jacek W. Lentz

310.273.1261

www.lentzlawfirm.com

Re: Plea Bargains

No contest means the same as "guilty" and so long as it was voluntary and not the product of threats or coersion a no contest plea to the negotiated disposition bears no relavance to an appeal.

Good luck