i am 19, i was attacked by a 17 year old and i fought back resulting in me being arrested, when i went to court i plead guilty because i wasnt sure of my options. now this person has been diagnosed with severe mental illness and is on medication, is there a way to appeal my guilty plea? i at first thought that it was self defense, i dont know much about the court system if anyone can help please let me know
thanks they are having me go to classes that i cant afford, and if i cant go to them they will arrest me, and make me go to them again, which i still wont be able to afford them. its like a cycle, and i know all they want is money money money Ok, lets rephrase the question. How can you get a trial so you can try to prove self-defense after you have previously pled guilty?
First, see a lawyer. Laws may be different in your state.
Having said that ... there is not enough information to really provide a good answer. Were you charged criminally? As an adult? In a delinquincy proceeding (as a minor?) Or was it a ticket/citation/municipal ordinance violation. These things make a BIG difference.
So, what follows are the options assuming you were found guilty (as a result of your guilty plea) after pleading guilty.
1. You should first see about a motion to vacate/withdraw your guilty plea and enter a plea of not guilty. This is difficult to obtain, for you must show that you were kept from facts that would have affected your decision, AND that your plea was not knowing and voluntary. The reason this is difficult is that, normally, a judge reads from a sheet of paper explaining your rights, and he keeps asking: do you under stand this? and Do you wish to waive this right and plead guilty. He is establishing a RECORD that even if your lawyer did not explain your rights, HE explained your rights, and you said that you understood them. Judges do this to prevent appeals that argue that their plea was not knowing and voluntary. They want the cases they close to stay ... closed (exactly the opposite of what you want).
Nonetheless, you should consider the motion in the first instance, because it gives you another ground to appeal if you lose. More important, it allows you to make a record (a transcript or documents filed) which will demonstrate that you tried to explain to the trial court your legal bases for withdrawing your guilty plea. Without such a record (assuming you lose on the trial court level), you cannot win on appeal.
There are very strict time limits for a motion to change plea and for appeals. If you do not act within the prescribed time, you lose your right to object -- forever.
2. Appeal. You can appeal your sentence (not the issue here) on the grounds that the judge did not appropriately consider all factors (legal factors) to be considered. However (again), it is normal at sentencing for the judge to say words like: I have considered the seriousness of the crime, the defendant's remorse, any mitigating factors, the need for deterrence of the individual and the need to protect the community, and I determine .... The judge may just be paying lip-service to the law, but this pronouncement usually protects him on appeal.
3. You can appeal the entry of your guilty plea. This is much stronger if you have immediately made a motion to withdraw the plea. On the other hand, you still must show that the plea was not knowing and voluntary. Most efforts are made to show that the lawyer did not provide options and explain rights to you (and at a motion hearing, not at the appeal, the attorney will testify that he did explain your rights).
The reason is that it is stronger to appeal after a motion is that an appeal is based on the record (transcripts and papers), not on your version of anything. So, if you want to argue that you did not understand your rights (for example), you need to have a hearing, with a transcript, where you testify to these facts. Without such a transcript, the court of appeals is left with the record at the time of your guilty plea and sentencing. This is a perfunctory record and, since you pled guilty, none of your current objections are reflected on the record.
Bottom line -- you need the help of a lawyer for this. Some smart folks can represent themselves at trial, but on appeal, it requires legal research, writing, and special appellate skill. Still, no appellate lawyer can win an appeal unless he has a good record (all arguments made, transcribed, and explained) from the trial court below, which means (again), that you should probably start with a motion. no you cant appeal... but you can change your plea.. and reopen your case.. but have all your facts straight and witnesses ready.
but its better to wait to see if they intend to sue you. and talk to a lawyer
make sure you write down everything... this way you dont forget my dad is a lawyer and I asked him your question. he said you should get a lawyer and try to "withdrawl" your guilty plea. can hire a lawyer to reopen it and take a look at your state's options; it's a pretty long shot. no you cant appeal once you plead guilty, there was no trial and therefore no error, and no objections to preserve those errors.
add some more details about why you want to appeal, are they trying to sue you, or put you in jail or what..that will help discuss what your options may be No you can't appeal if you believe it was self defence you should have pled not guilty. |
