Let me say again, however, once a person has accepted a plea agreement and then the judge has accepted it and sentenced the person, it is next to impossible to unwind the plea bargain. For the vast majority of cases, there is no special motion that one can file to get it back to square one and undo the plea. There is no magic motion (pill) to fix the problem. The only way to avoid a bad plea deal is to take your chances at trial.
An appeal is not a “do-over, “re-do,” or some second chance looked at over a video monitor. It is not a chance to push the reset button and start over. An appeal is not a “reweighing” of the evidence or a special request for a new trial because the convicted person was not satisfied with the outcome of the trial. That is not how it works, unfortunately.
There can be no strategic reason for not making the proper objections and preserving the record if the goal is to provide “effective assistance” as intended under the Sixth Amendment. Thus, there can be no strategic reason for not filing a motion for new trial when the client was convicted at trial.
Don’t let the government keep your stuff! Get your car, cash, or phone back. The only catch is that the car, cash, or phone cannot be evidence against you in a criminal prosecution.
The “really good criminal defense attorneys” knows their worth. They will charge you a reasonable price in terms of the necessary experience, skill level involved, the time involved, and other pertinent factors like forum or travel. The price may astound you. The price may shock you. But if you understand what I am saying, then you get it.
While stipulations are very useful in civil cases, these should be rarely used in criminal case. The reason is because the stipulation relieves the state of its burden as to proving a piece of evidence that it needs to prove in the trial or hearing to prove the charge.
On the other hand, if you have been paying attention, the smart client wants an attorney who has accumulated the necessary skill and experience, that can accurately assess the client’s legal situation, formulate a thoughtful and comprehensive theory of the case (or defense) in terms of an executable plan, and has the savvy and the moxie to execute the plan for the client with the client’s goals and best interests at heart. The attorney must also be able to manage expectations and have the courage to tell a paying client the truth when the chances are all spent and their might better to pursue other options.
I was able to help a client close the book on an attorney’s mistake from twenty years ago. It is helping these clients find some peace from their past that makes the practice of law tolerable, even enjoyable nowadays. It is rectifying an injustice such as hers that drives the best criminal defense attorneys to fight the good fight. It is standing up for those who cannot or do not know how to stand up for themselves that truly defines the exceptional criminal defense attorney.
a direct criminal appeal is completely useless without the trial attorney making doubly sure that any appellate issues were properly preserved for the appeal or beyond. In this sense, what you don’t know can hurt you, badly. And you must have lost and been convicted (otherwise, an appeal has no purpose).
There are no “do-overs” usually in criminal court when a defendant “freely,” “voluntarily,” and “intelligently” enters a guilty plea with the “assistance” of “competent counsel.” Once the plea is entered, accepted by the court, and the defendant is sentenced- – the defendant must live with the whole ordeal (even if the defendant is unsatisfied for whatever reason). There is no redo or rework or second chance, and the plea is final in most respects.