Can you file an appeal if you took a plea?

My brother took a plea of life on probation, but then the closing argument the prosecutor asked for prison still and he got 5 years. What can I do to help?

Asked on July 24, 2012 under Criminal Law, Arizona

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Your brother can appeal his plea of guilty, however he must do so within the statutory guidelines and time frame by State Law, which in most cases is 42 days or more from the time the plea was taken. Challenging a guilty plea on appeal can be difficult, so I would first advise you speak with a criminal defense lawyer or appellate lawyer in your area for consultation to assist in his appeal.


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