Legal Question in Criminal Law in Wisconsin

Getting a Plea withdrawn

I am writing you with questions about a friend of mine that just got sentenced March 13th, 2007. He plead guilty with a plea bargain that had a 3yr cap and then was sentenced to 3+ times that the plea was for. Can the sentence be appealed? Can the original plea bargain be withdrawn? What can be done to at the very least reduce the 10 year sentence that was given to him, and the some of the stipulations lifted? The Judge was also very rude/cranky the day of sentencing, we are awaiting the transcripts from the day of sentencing, which should be done next week. I have researched the judge and his past sentences for the same crimes and they are DRASTICALLY less than what he gave my friend, for far worse charges. I have also researched filing a complaint with the Judicial committee about his actions and behavior. He was charged, plead, and sentenced in Wood county.


Asked on 3/15/07, 3:16 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Withdrawing Guilty Pleas and Appealing Sentences

Both appeals of sentences and withdrawal of guilty please are theoretically possible in Wisconsin, but success in attempting either is extremely rare. A guilty plea can only be withdrawn after a sentence for cause, including failure to follow constitutionally mandated procedures when the plea is taken. Sentences can be reversed by a higher court only when they are illegal or based upon improper considerations. Judges always have the right to impose a harsher sentence than that called for by a plea bargain. Time limits for a challenge of either type are very brief after sentencing, so you will need to retain an appellate attorney almost immediately.

Read more
Answered on 3/18/07, 5:10 pm


Related Questions & Answers

More Criminal Law questions and answers in Wisconsin