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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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After a defendant has been sentenced on a plea deal can the

Resolved Question:

After a defendant has been sentenced on a plea deal can the case be returned to court based on missed evidence or withdrawal of plea?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
As a general rule, you are not able to appeal a guilty plea. There a certain exceptions, but your plea of guilt will waive the majority of hte issues that can normally be appealed including a factual determination of guilt or innocence.

As well, you are generally not able to withdraw from a guilty plea once the sentence has been announced.

There are certain issues that can be raised in an appeal from a guilty plea, including that the court did not have proper jurisdiction, or that the defendant was improperly coerced into his plea....If you desire to pursue this your best shot is to contact a local attorney with experience in criminal appeals.

You also need to be aware that, as a general rule, notice of intent to appeal is due within 45 days of sentence. If you want to preserve this appeal you may need to act quickly

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.

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