Is there such thing as an appeal plea bargain?

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Is there such thing as an appeal plea bargain?

A plea that the court offers you so you won’t appeal a case?

Asked on September 3, 2010 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes and no.

No in that the court may not specifically prevent you from making an appeal--that can't be part of the bargain.

However, (1) it's very tough to appeal a plea bargain anyway, since taking the plea is voluntary. The defendant would have to show some sort of serious abuse, fraud, consitutional violation, etc.

Also, (2) if the appeal is successful, that may throw the appeal out, leaving the defendant to face trial or perhaps a new, less generous offer.

So it can be the case that a bargain is offered which is so good that the defendant likely would not, and perhaps should not appeal; and even if he wanted to, it would be difficult; but the defendant would have the right to try to appeal, if he so chose.


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