Can i appeal a plea agreement if the final agreement was factually inaccurate.

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Can i appeal a plea agreement if the final agreement was factually inaccurate.

My friend was charged with aggravated sodomy with a minor under 14. he was also charged with sexual exploitation of a min or over 14 under 18. After his lawyer advised him he signed the plea offer. After looking over his conviction it occured to him that the girl in question was over the age of 14. He now wants to know if there is anything he can do to withdraw his plea to only that one charge.

Asked on May 26, 2009 under Criminal Law, Nebraska

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

He needs to talk to his public defender regarding that issue.  It may be too late unless the public defender can indicate it was legally impossible for that charge since the girl was over a certain age.  Does that particular law have an intent element or is it simply strict liability? I.e., age really makes no difference.

He needs to talk to his lawyer.  By the way, I hope your friend is a teenage, because otherwise, if you in any way were involved with the underlying crimes, you could be charged too as an accessory.


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