Legal Question in Criminal Law in Iowa

right to appeal after Alford Plea

Several things wewe done (evidence distroyed, by state-defence failure to file papers allowing judge to drop charges if jury found defendant not guilty of higher charges but hung on lesser),also other things which made defendant afraid not to accept a plea bargan. With those sercumstances are there any options for an appeal or any other recourses available? It was an alford plea.


Asked on 10/13/98, 1:13 am

2 Answers from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: right to appeal after Alford Plea

I'm licensed in Tennessee, not Iowa, but generally you could consider filing a petition for post conviction relief based on ineffective assistance of counsel or to set aside your plea based on the state's failure to produce exculpatory evidence (IF the evidence destroyed might have been exculpatory [i.e. tending to show you were not guilty]).

There are often short time periods to do this, so you need to act quickly.

Talk to another local attorney to look at your options.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 12/29/98, 10:47 am
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: right to appeal after Alford Plea

I'm also not licensed in Iowa. I'd agree completely with Jes Beard's response and urge you to act very quickly. Delay may cost your opportunity. Consult with a good criminal defense attorney licensed in your state to explain your options to you.

Mark Sullivan

Mark R. Sullivan - Attorney at Law

1204 1st Ave. E, Ste. A


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Answered on 12/29/98, 6:17 pm


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