Getting a Plea withdrawn

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phoenix

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I am in Wisconsin...

I am writing you with questions about a friend of mine that just got sentenced March 13th, 2007. He plead guilty with a plea bargain that had a 3yr cap and then was sentenced to 3+ times that the plea was for.

Can the sentence be appealed?

Can the original plea bargain be withdrawn?

What can be done to at the very least reduce the 10 year sentence that was given to him, and the some of the stipulations lifted?

The Judge was also very rude/cranky the day of sentencing, we are awaiting the transcripts from the day of sentencing, which should be done next week. I have researched the judge and his past sentences for the same crimes and they are DRASTICALLY less than what he gave my friend, for far worse charges. I have also researched filing a complaint with the Judicial committee about his actions and behavior. The judge might as well called my friend 'nigger' (and he is white, just wears a black dress leather trench coat and black for the most part) for the way he was talking about him in the court room the day of sentencing using it as part of his reasoning for his sentence. Which I KNOW is a violation of his civil rights.

He was charged, plead, and sentenced in Wood county.


Thank you in advance.
 
Since you made a voluntary plea, you cannot withdraw it or appeal it.

You get one chance at post-conviction relief. Make sure you put all your grounds in the motion.
 
From what I have been told, the Plea can be withdrawn in some circumstances, or the sentence can be appealed. But in either case an appeal has to be filed in 20 days to keep the case open so that any of those things can be done.

If the transcripts that we will be getting on Wednesday have even close to what the judge said about my friend, there will be also questions about the violation of my friend's civil rights.

So what are you referring to when you say post-conviction relief? Are you reffering to appealing the sentence or going for a re-sentence? please explain.

Thank you.
 
Google [your state] post-conviction relief
 
Seniorjudge,

thank you for that point in the right direction. if you have anymore, please don't hesitate to let me know what they are...

This was a WEALTH of information.

thankyou!
 
If your sentence was within the legal guidelines set by statute, it is highly unlikely that it will be overturned.

Freely-given pleas in criminal cases are rarely changed.
 
Would a lawyer being 40 mins late to the sentencing hearing be considered ineffective assistance of counsel or something similar? Or if they weren't clear on what the true options were on submitting a plea vs proceeding to trial?

Would the past rulings and sentences in similar cases be considered evidence or precedence to the pattern in which the judge sentences and be used in the appeal or post conviction relief? Especially if it can be shown that the judge has given less sentences to repeat offenders both that have plea agreements or trial convictions of the same type of crime?

Thank you.
 
Q: Would a lawyer being 40 mins late to the sentencing hearing be considered ineffective assistance of counsel or something similar?

A: No; that is too common.


Q: Or if they weren't clear on what the true options were on submitting a plea vs proceeding to trial?

A: The judge explained all this to you and you said you understood it.



Q: Would the past rulings and sentences in similar cases be considered evidence or precedence to the pattern in which the judge sentences and be used in the appeal or post conviction relief?

A: No.


Q: Especially if it can be shown that the judge has given less sentences to repeat offenders both that have plea agreements or trial convictions of the same type of crime?

A: No.




You are trying to overturn something that was done within a judge's discretion. That is almost impossible.
 
After reading through all the documents that my friend has in his case that he has copies of, I talked to him and asked him if the lawyer ever mentioned trying to get audio tapes of the interviews as well as why he didn't think that a trial would be the way to go. He does mention in one letter to my friend that he doesn't think that the State had that great of case. So I asked him if the lawyer ever mentioned that to him or said that there was a case if they took it to trial, etc. He said that he didn't, and he had never even heard of the tapes, which is clearly stating that they exsist at the end of one of the police reports. Would that be thought of as ineffective counsel? There are a lot of factors as there is in any case like this, after reading all the police reports, social services reports, doctor's reports, there are just too many holes in the prosecutions case. And i am trying to look at this from a juror's stand point. Trying to be objective, to what the evidence says.

I am not looking for you to say this or that will work, I am just trying to understand how it all works. What the different things are interpreted as. thank you again for your help.
 
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