Legal Question in Criminal Law in Ohio

coercion

can a person appeal his case if the attorney /legal aid representing him told him false information, misleading him on what exactly hes pleading to , and or also told him everything he had like taped coversations that would help prove his innocence and alot more couldnt be used in court even though it can according to what i researched, add to that the legal aid told him if he takes it to trial and is found guilty of even the least of it all the judge said he would give him the max, again to me thats entrapment and coercion am i right...


Asked on 10/26/07, 6:18 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: coercion

The first and most important question is whether the defendant pleaded guilty or went to trial. From the question I assume the defendant pleaded guilty, but that point is not clear.

If a guilty plea is the resulf of false information from the attorney there may be a valid way to challenge the guilty plea. However, the process involved will probably not be an appeal, but rather a motion to withdraw the guilty plea.

These are very complex issues and are highly dependent on the facts of the case, the record made in the trial court, and like matters.

Most people could not do the proper research to handle this matter if they are not an experienced criminal defense attorney.

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Answered on 10/26/07, 6:26 pm


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