03-22-2009, 08:30 PM
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is there possibly a way to appeal a plea bargain?
my husband took a plea bargian thinking he would get more time thru a trial and so he said he is innocent but i do not know for sure. he will be in there for 2 more years. thats a long time but is it possible to go to trial after taking a plea bargain
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03-22-2009, 08:41 PM
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It depends on the law of the state where the plea was entered. In Texas, one must waive, or give up the right to appeal in order to get the benefits of a plea bargain. There is no appeal. If there is not a plea bargain, the right to appeal expires after only 30 days.
In Colorado the appeal must begin before 15 days have passed. So, likely the answer is no, he cannot appeal. He may however be eligible to file some sort of writ, if your state allows it. In Texas the statute that allows it is code of Criminal Proceedure, Section 17.01. But it is very specific on who is eligilbe for such a writ. Good Luck Powered by Yahoo Answers
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03-25-2009, 08:45 PM
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Generally plea bargains are not given out for nothing. He would have to say he is guilty to a lesser charge OR plead guilty to the charge for a lesser sentence. One does not cop a plea by saying they are innocent. Can he refuse the plea and say he is innocent before or on the court date? Yes. Can he do that after the sentence has been handed down? No. However, it amazes me that in your other questions you say he was accused of rape and you are still with him. Rape is hard to prove and there has to be some pretty solid evidence. Chances are, if someone is accused of rape, they are guilty. Leave him before you ruin your whole life.
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