Legal Question in Criminal Law in Washington

Can You Appeal an Alfred plea ?

I was charged with 2nd degree robbery about two years ago for just entering the sore with someone who decided to shoplift. I had no stollen property and cooperated with the police when they asked me to stop. My Public Defender did almost nothing to defend me and at the time I was dealing with a lot. I had never been in trouble before and when she offered the 3rd degree theft charge I thought because it was a misdemenor I would be able to still get a good job to support my son and I in the future. She knew I was a single parent with little options and she said this wouldn't be a big deal for me in the future. I am now faced with the fact that I am unable to get a job in the career I was trained for, or for that matter, get any good job that I can keep my head above water with. I was under the assumption that I had an option to appeal this by taking this Alfred plea. I am left with no choice because my life is stuck as a low wage housekeeper until I get this off my record. I believe this would not be found by a jury. I am not guilty of second degree robbery or third degree theft. I did not steal anything or become violent or unruly with anybody. I need to know if I can do anything to get this off my record. I live in WA.


Asked on 10/15/07, 6:35 am

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

Re: Can You Appeal an Alfred plea ?

Thank you for the question. You can get this off of your record. The first thing to do is make sure the case is completed--no outstanding probation, fines, etc. Officially, you need to wait three years after the case is completed to have it vacated.

However, if your life has been going well except for this charge and you can get documentation to prove so--they judge may dismiss the case for you. You can make that request when making sure the case is closed out.

As for an appeal, most appeals have a 30 day filing requirement. Some appeals can occur as much as a year later. However, unless there is some compelling reason you didn't appeal much sooner than now, I know of no appeal that can be filed more than a year after the conviction.

What court was this in? If you'd like further assistance contact me directly.

At your service,

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Answered on 10/15/07, 1:01 pm


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