Legal Question in Criminal Law in Minnesota
A felony theft appeal due to counsel errors
I am asking about a appeal on a plea bargain deal due to the fact that the attorney (public defender) failed to properly represent the client and we want a new attorney.
2 Answers from Attorneys
Re: A felony theft appeal due to counsel errors
Normally an appeal of a conviction and sentence which were the product of a plea bargain to which you agreed, would be unsuccessful and a waste of time. If your defense counsel acted so inadequately as to be a violation of your constitutional right to counsel, that could be grounds for withdrawal of the guilty plea (and starting over, towards a trial) or an appeal of the denial of a motion to withdraw guilty plea. You should seek out the help of a lawyer in evaluating this option. Time is of the essence. There are time limits for appeals and post-trial motions. Also, a motion to withdraw a plea will generally be less favorably considered with the passage of time.
Re: A felony theft appeal due to counsel errors
If you had an attorney, and it sounds like you did, and you entered into a plea bargain and was then sentenced it is awfully hard to appeal. Unfortunately, just because you didn�t have a good lawyer, that alone is normally not an appealable issue. Also, as an aside, you have no right to choose your own public defender, if you get a free lawyer, you�re generally stuck with him or her if they are good or not so good.
You may be able to withdraw your plea, you really need to be a little more specific with the facts.
Related Questions & Answers
-
Falsely Accused of Child Sexual Abuse I need to know the Statute of Limitations for... Asked 12/09/02, 10:17 pm in United States Minnesota Criminal Law
-
Harrassment by police officer I have had trouble with an officer I once dated and... Asked 12/08/02, 8:00 pm in United States Minnesota Criminal Law
-
Sentencing Hearing Protocol What are the protocols for a Sentence Hearing? I have... Asked 12/08/02, 12:02 am in United States Minnesota Criminal Law
-
Double Upward Departure My son was charged with Assault II, he was to receive 27... Asked 12/05/02, 4:10 pm in United States Minnesota Criminal Law
-
Please Help Me I am Scared I was in an auto accident last night. There was no away... Asked 11/26/02, 4:41 pm in United States Minnesota Criminal Law