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Is a person who has pled guilty to a crime, refused a plea…

Customer Question
Is a person who...

Is a person who has pled guilty to a crime, refused a plea deal in favor of a psi allowed to appeal a case if not satisfied with a sentence/

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Delaware

Lawyer's Assistant: Has anything been filed or reported?

Yes. Case went through the normal procedure. prior to trial a plea deal was refused in favor of the psi and the result far worse than the plea that had been offered

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It was a second offense child endangerment charge whereby the accused had filmed children who were fully clothed. there was no physical contact, nudity, or pornographic nature to filming. however being a second offense where the accused was forbidden from any unsupervised contact with a minor the charge of child endangerment was made

Submitted: 4 months ago.Category: Criminal Law
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Answered in 12 minutes by:
12/29/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,499
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Did you take an open plea, or were you informed of your sentence before you accepted this? Were you told at the time that you would have to waive your right to appeal in order to get the deal?

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Customer reply replied 4 months ago
This case involves my brother. A plea deal for 6 years was offered. He declined it to take a chance on the psi where sentence guidelines ran 4 to 20 I believe. Not sure about signing of no appeal option
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago

Thank you. Give me a few minutes to type you a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago

Even under the best of circumstances, it is almost impossible to take a plea back once a defendant has made it and been sentenced. That's because a judge won't sign off on a plea unless he's sure that a defendant is taking it voluntarily and of his own free will and because he is actually guilty. To that effect there is always some kind of a plea allocution -- statements put on the record or signed off on by the defendant -- the purpose of which is to make the plea airtight. This is especially true on a PSI agreement.

So he can try to appeal if he has a legal basis to do so and he hasn't waited too long to file the notice of appeal. Alternatively, he can have his lawyer file a petition to reduce his sentence. But the fact is that your brother's own words during the taking of the plea will be problematic and can cause him to lose his appeal or motion. In my experience it would have been made perfectly clear on the record that your brother could possibly do no better than 6 years with the PSI and could do worse, before he made his decision to risk it.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 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.

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Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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