Is there a possibility of appeal after being sentenced if you plead guilty due to bad legal representation?

Question Details:

I am looking for any help to try to find a way for my little brother to appeal a 22 year sentence based on the fact that we all feel he was represented poorly. I am also open to any other avenues that may be used to at least decrease his sentence.

Asked 2/10/2012 under Criminal Defense | 121 View(s) | More Legal Topics

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Criminal Defense Law Answers

Russ Pietryga / Pietryga Law Office Answered 3 months ago | Contributor This attorney is licensed in Utah

Well that is a sticky situation.  First, I have no knowledge of the crime he was facing, the plea deal, and the evidence against him.

That said, most states allow a defendant to withdraw his guilty plea if it was made under duress or some uniformed reason.  This is usually an uphill battle because he waives these rights usually in his written plea and before the judge.

The other avenue, would be to appeal the effectiveness of counsel.  That means, the defendant, or a new attorney has to file an appeal and allege that defendant recieved ineffective assisstance of counsel.

Hope this helps.

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