Legal Question in Appeals and Writs in Washington

My brother accepted a plea bargain for idenity theft in the state of WA. He was told by his public defender that he had two offers one was that he would get a type of drug program with a straight sentence and the other offer was a sentence of 3 years but he would only serve half of the time, due to a sentence reduction for that county in WA. He took the second offer thinking he would serve lesser time. When he got to the state prison he saw a counselor and was informed that he would have to serve his whole sentence. Can he appeal even though he accepted a plea bargain?


Asked on 8/02/09, 1:12 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

He can move to withdraw his plea based on the ineffective assistance provided by his attorney. His attorney might help in the motion if he/she is willing to admit to the Judge that he gave your brother bad information. There are short timelines on such motions and on appeals. He needs to contact an attorney immediately.

At your service,

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Answered on 8/10/09, 2:03 pm


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