Legal Question in Native American Law in Virginia

Can a ruling be overturned

I was found guilty of a feloney drug possesion charge due to the ignorance of my lawer. When we went to trial my lawer told me that we had a plea bargen but in fact we did not. My lawer just figured that I was a clear case for a 18 251 disposition but instead I received two years suspended along with probation along with a felony record. This is my first offence. My question is can I get this overturned or am I just stuck please help


Asked on 3/19/05, 4:42 pm

1 Answer from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Can a ruling be overturned

The Courts take great pains to make sure that plea bargains are binding and not appealed. However, you may still have some chance to appeal.

The answer depends on what you were told and when. You may have grounds to appeal the decision based on misrepresentation by your attorney. However, I'd also want to see a copy of your written plea agreement and a copy of the transcription of your plea and sentencing hearings before I rendered any opinion.

I'd recommend that you consult with an attorney who specializes in appealate law to see if anything can be done.

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Answered on 3/22/05, 9:05 am


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