Of course! But it may be ignored/ denied
Perhaps. It depends upon the state in which the accused agreed to make ab Alford Plea and accept sentencing, rather than stand trial. In many states such a plea is easily overturned and the case continued or dismissed.
I strongly suggest you consult an attorney before considering it. Are you certain you want to run that risk? It was YOU that offered the Alford plea. You had the option of going to trial - but obviously chose not to.
Typically, once a plea of no contest has been entered, it cannot be withdrawn before sentencing. However, you may consult with your lawyer to explore any possible legal options or circumstances that may allow for reconsideration of the plea.
I've been trying since 2005 to appeal a plea with a habeas corpus appeal due to new evidence we didn't have at the time of the plea, and since I agreed to take an Alford Kennedy plea but somehow that got lost in the paperwork somewhere. This is now 2012 and it's still pending, so I have no idea as yet if it will even work as they won't give me an answer. This is in West Virginia.
Plea deals are far more common than trials. Ninety percent of all defendants plea out their case in hopes of avoiding more punishment.
"Re-opened?" Was it appealed and reversed? If so, then the retrial finding of Not Guilty is the verdict that stands and you were NOT convicted.
Wait. If there is a plea of guilty, there can be no not guilty decision; in such cases, there is no trial, only sentencing. The only way it would be reopened is if the defendant rescinded his guilty plea and successfully appealed for a new trial, which then, in theory, could be dismissed. In the event of a dismissal, there is no conviction, unless of course the prosecutor successfully appeals and seeks a new trial, which in light of the original guilty plea, most prosecutors would.
I plea for mercy but to no avail
what is plea
No, it is a guilty plea
Not unless you can prove that you were legally poorly advised. You can't appeal a sentence just because you don't like it, there has to be some factual basis to your appeal.
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