QUESTION
Can you appeal a guilty charge if you signed a plea bargain and did not understand?
Asked on Nov 08th, 2022 on Appellate Practice - Florida
More details to this question:
In Jacksonville, Florida he signed a plea bargain thinking he was signing 10 years 5 years probation. THEY GAVE HIM 15. CHARGES ARE Kidnapping, shooting a firearm in public. He wants to appeal for 10/5 as he understood. Family would like for someone to go to the jail and explain to him if he can appeal or if it should be left alone at this time
1 ANSWER
Google Jacksonville criminal defense / appeal lawyers who provide free initial consultations, and ask them to look at the docket and discuss with him whether a) the sentence is contrary to the plea agreement, and b) whether he can still move to withdraw his plea.
If he still has time to move to withdraw the plea, does so, and that is denied, he can appeal the denial of the motion to withdraw the plea. The grounds to appeal after a plea and sentencing are very limited, that is not the only one, but call around and find someone local to him who will provide a free consultation, then if they think they can help him, they'll tell you how much they'd charge.
Answered on Nov 15th, 2022 at 7:56 AM