Legal Question in Criminal Law in California

I need to revise my previous question. If you accepted a plea for a felony and you really were not agreable with the sentence but you accepted anyway because you were scared and told that must give answer (withing a few hours). After judge gave the sentence agreed upon but now had time to think about it. Could this sentence (plea) be challenged? How long do you have to wait to challenge? The sentence given was 12 years. Any possibility that the time could be cut? The person is already in jail and waiting to be sent to State prison. What advise can you give to someone who has been given an unfair deal even with an attorney?


Asked on 10/12/09, 3:09 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

In order to appeal a felony sentence, the defendant must file a notice of appeal with the Superior Court where the conviction occurred within sixty days of sentencing. His attorney should do this on request; you can also download the felony Notice of Appeal form from www.courtinfo.ca.gov and he can complete it himself.

As I noted in response to your previous question, an appeal after a plea is limited to sentencing issues. If he got the agreed sentence, then the court of appeal will not change it.

When a person enters a felony plea, the judge asks a number of questions, including whether the defendant has had enough time to discuss the plea with his attorney. When a defendant changes his mind after entering a plea, the Court of Appeal calls it "buyer's remorse" and is very unlikely to change the court's sentence.

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Answered on 10/12/09, 3:27 pm


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