Legal Question in Criminal Law in Florida
hello- i have a friend who signed a plea form and got a long extension, and now is thinking about going to trial can he appeal it? or because they signed the plea form he lost his right to do that
1 Answer from Attorneys
It is one thing to sign a plea form and another matter entirely in executing the plea. After a person signs a plea form and before they are sentenced they have to tell the judge that is what they actually want to do. They will have to actually say the words "guilty" or "no contest" to the judge and the judge has to accept the plea.
Therefore, if he has only signed the plea form but has not actually entered the plea to the judge, then he has a chance to change his mind. If he has already actually pled and the judge accepted it, then he can try to withdraw the plea but it is extremely difficult. Once they have spoken the words and the judge has accepted it, the judge will only withdraw the plea if there was some kind of coercion or force involved, or some other grave injustice. Likewise, appeals courts are likely to support a judge refusing to withdraw a person's plea.
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