QUESTION
If I pleaded no contest to a marijuana DUI on May 22, 2013, can I appeal?
Asked on Jun 04th, 2013 on DUI/DWI - Wisconsin
More details to this question:
It's $500 to get work released and transferred to my county. I'd rather go to trial and get the 30 days if I lose. I want to try. I can't afford the penalties of everything.
11 ANSWERS
Michael J. Breczinski
If you were not sentenced then you can ask to withdraw your plea. the court MAY grant it.
Answered on Jun 06th, 2013 at 10:13 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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In NC beating a marijuana based DWI is very difficult - judges and juries are more likely to be persuaded you were impaired when drugs are involved instead of alcohol - mostly because of the fact that there is no breath or blood test result that says exactly how much is in your system like there is in an alcohol based DWI. In NC you have a brief period of time to appeal from either a plea or a conviction. If you plead on May 22 that time period may be expired or real close to it - so you will need to consult with an attorney ASAP in order to pursue this further. Rather, than appeal you would be better off to file a Motion for Appropriate Relief and claim you were a dum dum who didn't know what they were doing when they plead and simply start over from scratch. To be successful with this motion it will most likely require that you did not have an attorney when you entered the plea. Further, in NC being placed on probation is at the consent of the defendant meaning if you'd rather do active time, simply inform the judge that you do not consent to probation and demand your active time - you don't need to go to trial for that.
Answered on Jun 05th, 2013 at 11:56 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you entered a guilty plea, you would have to file a motion to withdraw the plea. if you had an attorney represent you, you need to discuss this with him or her as soon as possible.
Answered on Jun 05th, 2013 at 11:55 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. If you were given probation you can move the court to set aside the judgment for six months after it was entered.
Answered on Jun 05th, 2013 at 11:55 PM
Geoffrey MacLaren Yaryan
Appealing a guilty plea-a no contest plea is the same as a guilty plea-, is virtually impossible unless you can show you were mislead by the court or your attorney, and did not understand the consequences of your plea, very difficult to do.
Answered on Jun 05th, 2013 at 11:55 PM
Alexis Anne Plunkett
You cannot "appeal" your sentence because you accepted a plea. You would have to file a motion to withdraw plea, and it is highly unlikely that it would be granted. In Nevada, motions to withdraw plea that are filed after sentencing are only granted to correct manifest injustice. It sounds to me like you just have buyer's remorse right now and regret taking the plea, which is absolutely not a valid reason to have the plea withdrawn. These motions are generally only granted based on ineffective assistance of counsel; the fact that your plea was not made knowingly, voluntarily, and intelligently; the fact that you weren't informed that probation may be unavailable; or the ineffective assistance of an interpreter or translator.
Answered on Jun 05th, 2013 at 11:55 PM
Too late you already plead.
Answered on Jun 05th, 2013 at 11:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is extremely doubtful that you will prevail on any appeal of a no contest plea previously entered.
Answered on Jun 05th, 2013 at 11:54 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should talk to a DUI attorney, you may have grounds to withdraw your plea, you have statutory time limits so contact a lawyer as soon as possible. Under certain circumstances you can withdraw your plea, if the motion to withdraw plea is granted you can renegotiate your plea deal or go to trial.
Answered on Jun 04th, 2013 at 10:41 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you took a voluntary plea, it is probably too late to have the plea withdrawn. However, you can contact a criminal defense attorney experienced in post-conviction relief for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options,
Answered on Jun 04th, 2013 at 10:34 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Then you should go to trial.
Answered on Jun 04th, 2013 at 8:23 PM