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What Different Scenarios Can Affect The Appeals Process?
Here are some of the scenarios can affect the court appeals process:
What Happens In Cases Where The Prosecution Had Tried For One Crime Where Multiple Things Could Have Been Charged?
That’s part of what merger is. If we allow the state to stack on multiple charges in the same crime, that would also be a violation of the double-jeopardy.
Can Someone Appeal A Case Where They Have Pleaded Guilty?
You can’t appeal that guilty finding because you admitted the guilt yourself; you can appeal the sentence in many cases. Sometimes a person wants to withdraw that guilty plea, but if the court denies that, then we can appeal the decision not to let the person withdraw their guilty plea but if that’s the conviction itself, we can’t do anything about that. So, there are many layers to it.
If a person pleads guilty, they’ll get set for sentencing usually approximately a month after their guilty plea. So, they can change their mind before sentencing and want to withdraw that plea and go forward with the trial. The court is supposed to let you do that as long as you’re not just playing games with the court. And if they don’t, that’s something we can try to appeal.
After your sentence, you can also ask to withdraw that plea and go back to the beginning but that’s much harder to do because the court will presume that you just didn’t like a sentence you got and now you want to try again.
What Happens If Someone Enters A Plea To A Case And They Do Community Service? Is The Case Dismissed?
A diversion is still a guilty plea in most cases or still an admission.
The way you get up with a conviction in those kinds of cases is if you didn’t do what you were supposed to do to get a case dismissed. If that’s the case, then it would be the same thing where you pled guilty so you wouldn’t get a conviction.
If you did what you’re supposed to do and got the case dismissed, then there wouldn’t be any need to appeal.
If you need information about what the appeals process is and how different scenarios can affect the court appeals process, call the Law Office of Matthew Bangerter for an initial consultation at (440) 306-3205 and get the information and legal answers you’re seeking.