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Can I appeal a denial of a motion to withdraw federal plea

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before sentencing...
Can I appeal a denial of a motion to withdraw federal plea before sentencing
Submitted: 1 year ago.Category: Criminal Law
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Answered in 2 minutes by:
9/11/2016
Criminal Lawyer: MIAMILAW1127, Criminal Defense Lawyer replied 1 year ago
MIAMILAW1127
MIAMILAW1127, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 755
Experience: Founding Partner at Moises Law, P.A.
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When was the denial of the motion?

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Customer reply replied 1 year ago
I have already filed for an appeal and the 7th circuit is asking me to write a memo that I can file the appeal before sentencing...see Northern District of Illinois Western Division 08-CR-50043The Motion to withdraw was filed in 2012 and evidentiary hearing went on for 4 YEARS.Counsel was ineffective, admitted to never asking for any discovery of 46,000 documents, or 50 witness interviews or asking for Brady or Giglio materials, ever! Counsel wrote a note stating that I could not have entered into any knowing and informed plea since he had not reviewed anything or vetted the government's case...The judge did not comply with the any just and fair reason mandate for the withdrawal...long story here...
Customer reply replied 1 year ago
The judge totally disregarded the clear evidence of ineffective counsel.
Customer reply replied 1 year ago
Will you be providing a reply soon? If not I will try to contact another expert...thanks time is of the essence as reply is die 9-26 and I need to prepare it.
Criminal Lawyer: MIAMILAW1127, Criminal Defense Lawyer replied 1 year ago

I'm going to withdraw so another expert can help you. I apologize for any inconvenience.

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Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago
N Cal Attorney
Category: Criminal Law
Satisfied Customers: 9,524
Experience: Since 1983
Verified

New Expert here.

The denial of such a motion is an issue that can be raised on appeal, see

http://www.ca5.uscourts.gov/opinions/unpub/15/15-50102.0.pdf

but an appeal can generally only be taken from a final judgment, not from a court order.

I hope this information is helpful.

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Customer reply replied 1 year ago
I know that your research was inadequate everybody knows that,,,what about abuse of discretion and appeal before sentencing on a plea, your link is basic without any though or research and not suitable as a reply.
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

You don't know what research I did to answer you, I actually read this and several cases before I gave you the answer.

I am sorry you don't like the answer but it would be unfair to you, and unprofessional of me, not to provide accurate information.

Courts abuse their discretion every day but not every order they make is appealable.

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Customer reply replied 1 year ago
According to my research it can be appealed for abuse of discretion...plenty of cases on that subject to appeal
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

Yes abuse of discretion is a basis to reverse such an order but the order itself is not separately appealable from the final judgment other than by permission.

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N Cal Attorney
N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9,524
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