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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26786
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Possibly, I am wondering if it would be possible to

Customer Question

Possibly, I am wondering if it would be possible to re-open/appeal? a dui/organic solvents case to which originally pled not guilty, but changed to no contest and is closed.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: THis is nevada
JA: Have you talked to a lawyer yet?
Customer: Not yet, but that would be the next step
JA: Anything else you think the lawyer should know?
Customer: I believe if i stuck with a not guilty plea and had an effective attorney (seemed like a public defender that wasnt into it.) I only changed my plea because my bail was ofmy own recognizance, and would have been revoked when the judge ordered a drug test of me.
JA: Can you tell me what state this is in?
Customer: Nevada
Submitted: 11 months ago.
Category: Criminal Law
Customer: replied 11 months ago.
Basically, I am not in a position where I can afford to get what I would consider a proper defense, and am wondering if it is even possible to re open / appeal the case.
Customer: replied 11 months ago.
Typo in my last message, I AM now in a position where I can afford an appropriate defense,
Customer: replied 11 months ago.
This is the case and citation number, Las Vegas Municipal Court, as a lawyer you have mor access than I do to these records:
Case Number: C1083505A
Citation Number:###-##-####
Expert:  Zoey_ JD replied 11 months ago.


I believe you are asking whether you can reopen your conviction after you have already been sentenced pursuant to a plea agreement. If so, unfortunately, I don't have very good news for you.

It is very difficult, almost impossible, to get a plea back after the sentencing, because at the time of any plea, the judge does his best to make an in-court record to make the plea airtight in order to avoid just this situation.

Your own plea allocution would be used against you to show that you made a knowing and voluntary waiver of your rights in order to accept the deal you accepted.

So you need a strong legal basis to succeed at a post conviction remedy. "Buyer's regret" is not a legal basis to take a plea back. Nor would you ever want to say that you took a plea only to avoid going back into jail because a drug test would have revealed you were still using. These are not reasons enough to reopen your case.

You'd need to have a Constitutional argument or an argument that you were denied due process of law. I don't see that in your fact pattern.

Also, there's also one more thing you'd have to consider. Let's assume for the moment, just for the sake of argument, that you can get your plea back. The case goes back to what it was before. You will have to go to trial because in my experience, the state won't offer you another deal. And the judge cannot reduce the charges. So, if your case was reduced for purposes of a disposition, getting the plea back would reopen it to what it was before. And a trial for that was exactly what you most wanted to avoid.

However, if you're able to afford a post conviction lawyer, you can talk to him at length about your case and see if he can find a good basis to try to reopen your matter, such as the ineffective assistance of your original lawyer. Just keep in mind that your prospects for success are low and that you may end up not improving your situation but making it worse.

If you don't know where to find a Nevada post conviction lawyer, you can try the Nevada Bar Association's Lawyer Referral Service.

Expert:  Zoey_ JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.