Legal Question in Criminal Law in Minnesota

appealing a plea bargain

Can I appeal a plea bargain almost four years later? I was represented by a public defender who I suspected was drunk or drinking before every court date. The county attorney came to him with an offer and I was told that if I didn't take the deal and wanted to go to trial they would take my kids away from me with no guarantee that I would ever get them back. At the time I was scared of losing my children so I took the deal.


Asked on 4/30/09, 11:39 pm

1 Answer from Attorneys
Greg Bachmeier Bachmeier Law Office

Re: appealing a plea bargain

You cannot appeal a plea bargain, but you can file a motion to withdraw your guilty plea pursuant to

Rule 15.05 Plea Withdrawal

Subd. 1. To Correct Manifest Injustice. The court shall allow a defendant to withdraw a plea of guilty upon a timely motion and proof to the satisfaction of the court that withdrawal is necessary to correct a manifest injustice. Such a motion is not barred solely because it is made after sentence. If a defendant is allowed to withdraw a plea after sentence, the court shall set aside the judgment and the plea.

You may also file for postconviction relief - or file a motion to vacate the conviction under Minn. Stat. 590.01

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Answered on 5/01/09, 9:57 am


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