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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9339
Experience:  Since 1983
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Can I appeal a denial of a motion to withdraw federal plea

Customer Question

Can I appeal a denial of a motion to withdraw federal plea before sentencing
Submitted: 10 months ago.
Category: Criminal Law
Expert:  MIAMILAW1127 replied 10 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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When was the denial of the motion?

Customer: replied 10 months 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: replied 10 months ago.
The judge totally disregarded the clear evidence of ineffective counsel.
Customer: replied 10 months 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.
Expert:  MIAMILAW1127 replied 10 months ago.

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

Expert:  N Cal Attorney replied 10 months ago.

New Expert here.

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

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

I hope this information is helpful.

Customer: replied 10 months 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.
Expert:  N Cal Attorney replied 10 months 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.

Customer: replied 10 months ago.
According to my research it can be appealed for abuse of discretion...plenty of cases on that subject to appeal
Expert:  N Cal Attorney replied 10 months 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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