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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.
What else can I help you with?
Can plea deals be appealed in Colorado?
Of course! But it may be ignored/ denied
Can you withdraw a no contest plead before sentencing?
Typically, once a plea of no contest has been entered, it cannot be withdrawn before sentencing.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.
Can the sentence on an alford plea be appealed or reconsidered?
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.
Can the sentence on an alford plea be appealed or reconsidered in the state of La?
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.
If you agreed to a no contest plea can it be appealed?
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.
If a case with a guilty plea is reopened with a final judgment of not guilty still a conviction?
"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.
If a case with a guilty plea is reopened with a final judgment of not guilty case dismissed still a conviction?
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 The only way it would be reopened is if the defendant rescinded his guilty plea and successfully appealed for a new trial, which then, in theory, could be dismissed.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.
What does change of plea mean in court case?
A change of plea in a court case refers to a defendant's decision to alter their previously entered plea regarding the charges against them. This can occur at various stages of the legal process, often shifting from a not guilty plea to a guilty plea or vice versa. The change typically involves a formal court hearing where the defendant acknowledges the new plea and often outlines the reasons for the change. Such a shift may have implications for sentencing and the overall outcome of the case.
What are some national statistics on plea bargaining?
Anywhere from 90%-95% of cases in the United States end up in some form of plea bargaining.
What are two reasons that populist party appealed to so many people in the late 1800?
The populist party appealed to a wide demographic mainly in the Midwest and in some areas of the south. The populist party appealed to so many because it was a political party devoted to help the farmers. They were devoted to ideas that farmers wanted like bimetalism (a money supply based on silver and gold, fixed prices for their crops, etc.
Is plea bargain fair on the victim?
Plea bargaining can be beneficial for both the victim and the perpetrator in some cases by avoiding the trauma of a trial and securing a quicker resolution. However, some victims may feel that plea bargains do not adequately punish the offender or provide them with the closure they seek. Ultimately, the fairness of a plea bargain to the victim depends on the individual circumstances of the case.
Why can court decisions be appealed?
In brief, yes a court decision can be appealed. In some cases appeals have reached the Supreme Court level.
