Legal Question in Criminal Law in Minnesota
I was advised, by my public defender, to plead "no contest" in a felony case. I did not know I was saying I was guilty. I want to appeal this. How do I do it?
1 Answer from Attorneys
Unfortunately, you waive those rights when you enter a plea by way of the plea agreement signed and/or the rights you waive on the record. If you have not been sentenced, you may file a Motion to withdraw your plea. The Judge has discretion to allow or disslow that motion. If you have been sentenced, you may still file a Motion to withdraw plea, but it is significantly more difficult and the court would have to find that there is a manifest injustice.
A no contest plea, called an Alford plea, is agreeing to a determination of guilt based on the evidence that the prosecutor has at their disposal for trial. Although you are not admitting guilt, it has the same result.
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