Appeals of Guilty Plea

[Concerned12065]

On a Monday afternoon my lawyer called me and told me I had to be in court on that Thursay morning and plead guilty to a class e felony. This case had been going on for over two years at this point and I had not heard from my lawyer for 10 months until that call . Over the next two days I called my lawyer and e-mailed my lawyer asking for an explanation and at the very least a postponment. I received no reply until that Wednesday evening again directing me to be in court Thursday morning. Because I was told the only alternative at that point was prison or my guilty plea I planned to plead guilty and then appeal. Two minutes before I was to go in front of the judge I was given a form to sign by my laywer that was a waiver of my right to appeal. I was given just seconds to make the decision to sign the form or end up in jail right then and there.

My question is can I still appeal this on any grounds at all ? I have never heard all of the evidence against me or no none of the details and my lawyer claims he doesn't know the details either.

PS through this entire process I have never had my rights read to me or explained to me.

 

[mightymoose]

There is a lot of information missing here.

You did not have to plead guilty just because your lawyer said to. If you did in fact enter a guilty plea, I presume that the judge asked you if you did so freely, of your own will, without coercion?

If you do not agree with the waiver to appeal, why sign it?

It sounds as if you are not nearly involved enough in these proceedings. Your lawyer is there to assist you, not to make every decision for you.

If you did sign the waiver you may still be able to appeal. You will have to show that you had ineffective counsel or that you were coerced, but all is not lost.

 

[Concerned12065]

Thank you

There is a lot of information missing here.

You did not have to plead guilty just because your lawyer said to. If you did in fact enter a guilty plea, I presume that the judge asked you if you did so freely, of your own will, without coercion?

If you do not agree with the waiver to appeal, why sign it?

It sounds as if you are not nearly involved enough in these proceedings. Your lawyer is there to assist you, not to make every decision for you.

If you did sign the waiver you may still be able to appeal. You will have to show that you had ineffective counsel or that you were coerced, but all is not lost.

Thank you for your comment that all hope is not lost. I did feel that counsel did not supply me with all the details of this plea and certainly not in a timely manner. He held that piece of paper until the very end and told me it was necassary for the plea deal he had worked out. I would have liked a bit more time ( more then literally two minutes )

The judge did ask me if I had signed it of my own free will and I did reply in the positive because I was counting on my lawyer to give me the best advice at that time . Although it was ultimatly my desicion to sign it I wasn't even given time to read it.
I hired my lawyer as an advisor in legal matters. I have never even been in trouble with the law before.

One last question for you if you wouldn't mind. What is the prosecutors responsibility to share the details as far as the evidence they have against me ?

Thank you for your help!

 

[army judge]

On a Monday afternoon my lawyer called me and told me I had to be in court on that Thursay morning and plead guilty to a class e felony. This case had been going on for over two years at this point and I had not heard from my lawyer for 10 months until that call . Over the next two days I called my lawyer and e-mailed my lawyer asking for an explanation and at the very least a postponment. I received no reply until that Wednesday evening again directing me to be in court Thursday morning. Because I was told the only alternative at that point was prison or my guilty plea I planned to plead guilty and then appeal. Two minutes before I was to go in front of the judge I was given a form to sign by my laywer that was a waiver of my right to appeal. I was given just seconds to make the decision to sign the form or end up in jail right then and there.

My question is can I still appeal this on any grounds at all ? I have never heard all of the evidence against me or no none of the details and my lawyer claims he doesn't know the details either.

PS through this entire process I have never had my rights read to me or explained to me.

Before your plea is accepted, the judge admonishes you in open court under oath about waiving your right to appeal, if you plead guilty.

You acknowledge that waiver in open court on the record.

Once you've signed and been admonished and acknowledge in the affirmative, they've gotcha.

No, pleas are not subject to appellate relief.

You can try.

You will fail!