Took A plea
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Took A plea
My nephew took a plea and is going to jail for 6 months and he has no backround and is not a bad kid is there something we can do to overturn it?
Asked on June 17, 2009 under Criminal Law, California
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The general rule is that when a defendant pleads guilty to a crime he/she admits guilt and waives any ability to appeal the sentence. However, this rule is subject to some exceptions, including but not limited to if the defendant was under the influence of drugs/alcohol at the time of the plea, if the state does not uphold their end of the plea agreement, if the judge makes a mistake in accepting the plea, or if the defendant's lawyer made a very large mistake rendering his representation of the defendant ineffective. At this point in the proceedings, you should obtain a transcript of the plea and the sentencing, and then retain a criminal defense attorney to review the transcript to determine what, if any, options remain available for your nephew at this time.
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