QUESTION
how to appeal a plea bargin if you were scared into taking the deal?
Asked on May 02nd, 2016 on Criminal Law - Texas
More details to this question:
my brother took a plea deal because he felt his lawyer was not prepared for trial and three days before his trial was suppose to start his lawyer told him that if he didn't take a deal he would go to trial and loose and that he would spend the rest of his life in prison. he believes that his lawyer thought he was guilty he tried to get a new one but they judge denied him. can he appeal his plea deal?
1 ANSWER
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It is doubtful that he can appeal. But, he may be able to pursue a writ of habeas corpus. Make sure he doesn't try to file one on his own, though. I see inmate writs all the time. Often, they are able to identify and articulate valid legal arguments. However, they do not understand procedure and, most important, how to create a record upon which to base the argument. Writs are a one-shot deal. If he files one on his own and loses (becuase of procedural default) he will not have another opportunity to file the writ, even with the help of an attorney.
Answered on May 20th, 2016 at 3:13 PM