The majority of criminal cases do not go to trial. Most often, the defendant is convicted after he enters a guilty plea, in other words, after he admits to committing the crime in exchange for some favorable treatment, such as the guarantee of a lighter sentence or punishment. Subsequently, the plea is approved by a judge, and the defendant is sentenced and the case is technically over.
What is required to appeal a guilty plea?
As a rule of thumb, every defendant found guilty of a crime has an automatic right to appeal his conviction, even if the conviction is the result of entering a guilty plea.
However, it is much more difficult to successfully appeal a guilty plea. This is due to the fact that, in pleading guilty, you are acknowledging that you committed the offense, and unless the the prosecutor or judge made some error in advising you of the consequences of pleading guilty, you were aware of and consented to the consequences of pleading guilty. In other words, you were fully aware of the choice you were making when you pled guilty and should have nothing to protest.
Upon what grounds can I appeal a guilty plea?
Usually, when an offender desires to appeal a guilty plea, the appellant asserts that the conviction is invalid because the plea was entered involuntarily, or without being fully aware of what he or she was doing because he or she was not properly informed of the consequences by either the prosecutor or the judge.
To appeal a guilty plea on these grounds will be difficult, but it might be successful if you can show that:
- The judge failed to inform you of certain rights you would be waiving by pleading guilty, such as the right to a jury trial.
- You plead guilty under threat of violence to you or your loved ones, and thus your plea was involuntary or coerced.
- The prosecution tricked you into pleading guilty by promising you things it could not deliver, such as a promise of a reduced sentenced when mandatory minimum sentence requirements will not allow this.
- The prosecution failed to deliver on promises it made you to convince you to plead guilty; for example, they may have promised to drop certain charges against you if you plead guilt and, afterwards, proceeded with those charges anyway.
What happens if my appeal is successful?
In most cases, if you are successful in appealing your guilty plea, the appellate court will either order you to be retried on the original criminal charges where you may have a new opportunity to enter a plea bargain with the state prosecutor, or the court may order that a new sentencing hearing be held, where the sentence you were given will be modified according to the terms of your plea bargain.
Confidential Consultation: Tulsa, Oklahoma Appellate Lawyer
Appealing a guilty plea in Tulsa, Oklahoma is a complex procedure, and there are strict rules that must be followed. For this reason, it is important that you be represented by a knowledgeable Oklahoma appellate attorney who can give you the best possible chance of succeeding. Contact your defense team at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa, Oklahoma appellate lawyer can advise you on how the appeal process works and offer answers to your specific questions. To begin your free consultation, call now: (918) 256-3400. Or, if you prefer a Tulsa appellate lawyer on our team to call you or reach you by email, click here to ask your questions via the easy to fill-out online consultation request form.