Legal Question in Criminal Law in Wisconsin
pled guilty to selling a percription drug
my friend pled guilty to selling her perscription morphine on the advice of her public defender but was not told what would happen to her(ie:jail time, loss of her diability). Is there a way to appeal the case on ground of misrepresentation or bad advice on behalf of her council?
1 Answer from Attorneys
Loss of Federal Disability Benefits, Re-Opening Guilty Plea for Selling Morphine Prescription
Pleas of guilty or no contest in criminal matters can only be reopened upon a showing that the plea was not knowing, free or voluntary. Most judges will not accept such a plea if these conditions are not met, hence it is extremely difficult to reopen them. I would need to see a transcript of the plea hearing in order to assess your friend's options. Generally speaking, knowledge of the penalties is a required element of a knowing plea, so if your friend was not informed of the conviction's effect on her disability, she may have a valid issue. Additionally, the defendant has a right to effective counsel, although the standard is fairly low on this.
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