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LegalKnowledge, Attorney
Category: Legal
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can a person who signed a guilty plea, still file an appeal

Resolved Question:

can a person who signed a guilty plea, still file an appeal? The plea was signed because the pro bono lawyer had promised that by signing the paper that the person would get a better deal, and the lawyer did not ask any questions of family members of the 90 year old woman that had died 10 days after the accident. The person accused of the vehicle homicide was told that none of the family would be there because they were not pursuing it and that going to trial would get her the maximum sentence,which is what she got anyway. Nothing was said about an autopsie. What can be done?
Submitted: 6 years ago.
Category: Legal
Expert:  LegalKnowledge replied 6 years ago.
There needs to be a basis to the appeal. If the plea was taken as a result of the lawyer providing false information and misleading the Defendant, there could be a possible basis to vacate the plea deal based upon ineffective assistance of counsel. An appeal is normally filed when there is a legal issue which effected the trial. When a plea is taken, there is no trial and to vacate the plea, you would have to show the error on the part of the attorney.
Customer: replied 6 years ago.
How do I file for an appeal without a lawyer, I can't afford one. And this is for my daughter.
Expert:  LegalKnowledge replied 6 years ago.
You daughter would need to file a motion to vacate the plea deal based upon the false information provided by the attorney. Have her go to the local court house and into the law library. They likely have forms and pleadings which she can reference to file it.
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