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Appealing Federal Guilty Pleas and Plea Bargains

March 21, 2024 Uncategorized

Appealing Federal Guilty Pleas and Plea Bargains

Pleading guilty in a federal criminal case is a big decision that can have lifelong consequences. Many defendants choose to take a plea bargain to avoid the risk of a trial and potentially longer sentence. But what happens if you later regret your guilty plea or feel it was unfair? This article explains how to appeal a federal guilty plea and the limited grounds for withdrawing a plea after sentencing.

Can You Withdraw a Guilty Plea Before Sentencing?

Before a judge accepts your guilty plea, you can withdraw it for any reason. However, once the judge formally accepts your guilty plea, it becomes very difficult to take it back. Federal Rule of Criminal Procedure 11(d) allows a defendant to withdraw a guilty plea before sentencing if they can show a “fair and just reason” for requesting the withdrawal.[1]

Courts don’t make withdrawing a plea easy, but possible reasons include:

  • You received ineffective assistance from your defense attorney
  • You didn’t fully understand the plea agreement or consequences of pleading guilty
  • You felt coerced or pressured into accepting the plea bargain
  • New evidence or changed circumstances make a trial seem more favorable

The judge will consider factors like whether you asserted legal innocence, the length of delay, prejudice to the government, and the inconvenience to the court when deciding if you have a “fair and just reason.”[2] It’s advisable to consult an attorney to improve your chances of successfully withdrawing a plea before sentencing.

What Are the Grounds for Appealing a Guilty Plea After Sentencing?

Once a federal judge accepts your guilty plea and imposes a sentence, it is extremely difficult to undo. You generally give up your right to appeal when pleading guilty. The only options for challenging a plea after sentencing are:

  1. File a direct appeal claiming your plea wasn’t voluntary, knowing, or intelligent
  2. File a petition for writ of habeas corpus alleging ineffective assistance of counsel
  3. File a motion for post-conviction relief if new evidence surfaces

Direct Appeal of Involuntary Plea

Most plea agreements include an appeal waiver, so you can only appeal if the waiver was invalid or didn’t cover your issue. For instance, you may appeal if the judge didn’t comply with Federal Rule of Criminal Procedure 11 by ensuring your plea was voluntary, knowing, and intelligent.[3]

This is a very high bar, as courts presume pleas are valid. You must show the judge failed to inform you of your rights, the nature of the charges, or that you didn’t understand the consequences of your plea. The appeal must be filed within 14 days of sentencing.

Christine Twomey
Christine Twomey
2024-03-21
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2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
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Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
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2024-03-12
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2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Habeas Petition for Ineffective Assistance of Counsel

Many defendants try appealing a guilty plea by filing a habeas corpus petition claiming ineffective assistance of counsel. This asserts your defense attorney’s performance was deficient and prejudiced your case.[4] For example, you could argue your lawyer pressured you into accepting a plea without properly investigating defenses or explaining the consequences.

The court will consider whether your attorney’s conduct fell below objective standards of reasonable performance and if the outcome likely would have been different with adequate representation. This is also a very high standard, so consult an appellate lawyer if considering this option.

Motion for Post-Conviction Relief

In rare cases, you may file a motion for post-conviction relief if new evidence surfaces that makes your conviction seem unjust. For example, if a witness recants testimony or new DNA evidence exonerates you. The court would consider if the new evidence undermines confidence in your conviction and if you acted diligently in discovering the evidence.[5]

This type of collateral attack on a conviction faces strict deadlines around 1-3 years after conviction depending on the grounds. It also requires showing diligence in uncovering the new evidence.

Strategies for Getting a Plea Deal Overturned

While challenging a guilty plea is difficult, certain strategies can improve your chances of success:

  • Act quickly – don’t delay filing your appeal or habeas petition
  • Stick to valid legal arguments, not just regret over your plea
  • Gather evidence like affidavits supporting your claims
  • Consult an experienced federal criminal appellate lawyer
  • Emphasize any deficiencies in the plea colloquy or sentencing
  • Argue the plea violates the Constitution or your fundamental rights

The court will also consider any prejudice to the government’s case caused by delay when weighing a request to withdraw a plea. So acting fast and focusing on legal errors rather than just changing your mind gives you the best shot.

Should You Accept a Plea Bargain?

The difficulty withdrawing a guilty plea highlights the importance of getting experienced legal advice before accepting any plea deal. Consider:

  • Are you actually guilty and admitting the truth?
  • Do you understand the rights you’ll waive by pleading guilty?
  • Are you comfortable with the recommended sentence?
  • Does the plea impact any immigration or civil issues?

Never accept a plea based on pressure or without fully understanding the consequences. While a plea bargain resolves a case efficiently, you give up most appeals – so you must get it right before that guilty plea.

Withdrawing a plea is an uphill battle, but possible in limited circumstances. If you believe your plea was unlawful or counsel was ineffective, don’t delay in speaking to an attorney about appealing your conviction after sentencing.

References

[1] https://www.law.cornell.edu/rules/frcrmp/rule_11 [return to text]

[2] https://www.dallascriminallawyer.com/plea-bargain-plea-deal-pleading-guilty-in-federal-court/ [return to text]

[3] https://www.justice.gov/usao/justice-101/pleabargaining [return to text]

[4] https://www.findlaw.com/criminal/criminal-procedure/plea-bargaining-in-federal-courts.html [return to text]

[5] https://www.baronedefensefirm.com/what-is-plea-bargaining-in-the-federal-criminal-law-system.html [return to text]

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