Unfair sentencing after a plea deal or inadequate counsel beforehand can leave convicted individuals feeling cheated, and many wonder: Can you appeal a plea bargain? Plea bargains are an effective way to reduce hefty sentences by cooperating with the courts, and many individuals awaiting sentencing choose to take this path. This helps reduce the exposure from a public trial and may offer benefits in sentencing as well. However, sometimes errors are made in court that can unfairly treat the convicted individual.
Can you appeal a plea bargain in New York? The answer is yes, but the criminal process may not be as simple as expected. Errors of law present in a plea bargain sentencing can be appealed if certain conditions are met, but certain choices or waived rights could impact an individual’s right to appeal. Understanding how New York criminal law organizes the appeals process can help clarify how to pursue an appeal. Additionally, competent legal counsel can help individuals navigate their appeals effectively.
Schedule a consultation with a criminal law appeals attorney from The Law Office Of Benjamin Greenwald today to learn your legal rights. Call the office at (845) 567-4820 today for details.
What is a Plea Bargain?
A plea bargain is a deal made between the defendant and the courts. By admitting guilt for the crime, they help avoid a lengthy and complex criminal case, and in exchange, the courts may offer leniency in their sentencing. Generally, terms are presented to the defendant detailing what sentence reduction or other benefits will be provided if the individual pleads guilty. This is often mutually beneficial, as the defendant may receive a more lenient sentence while the courts can avoid a lengthy trial with many legal complications. Cooperation helps benefit both parties. However, in some cases, unfair sentencing or inadequate legal counsel could lead to a defendant accepting unfair plea deals.
What Happens After a Plea Deal?
In legal terms, a plea deal is a process of voluntarily waiving constitutional and statutory rights, such as the right to a trial by jury and the right to be silent and avoid self-incrimination. After a plea bargain, the terms agreed upon by the two parties will be presented to a judge in a hearing. In this hearing, the judge will review the case and ascertain that the plea deal is ethical and legal. This generally involves evaluating that the defendant is of sound mind, fully understands the terms of the plea deal and the maximum sentence, and voluntarily signed the agreement, among other factors. Then, the judge will set a date for the sentencing.
Can I Appeal a Plea Bargain?
Many people choose to make plea bargains that do not turn out the way they expect, and then wonder: Can you appeal a plea bargain? Yes, you can appeal a plea bargain, but certain actions could bar an individual from appealing a sentencing under a plea bargain. However, according to the Department of Justice, you can appeal a plea bargain sentence as long as the defendant has not also waived their right to appeal. In some cases, appeal waivers are a part of a plea deal, but this is not always the case. Accepting a plea deal and waiving the right to appeal are two separate legal actions and are treated as such in the courts.
Consider speaking to a skilled New York appellate lawyer from The Law Office Of Benjamin Greenwald for more information on appealing a plea bargain.
When Can I Appeal a Criminal Case?
However, unlike a trial court, the appellate court functions on a unique set of rules based on errors of law. While many cases can be brought to a trial court due to interpersonal disagreements, the appellate courts will only hear cases due to errors of law. A case cannot be appealed because one party is unsatisfied with the decision. A case may only be appealed if one party believes the law was incorrectly applied to the situation, in which case it will be reviewed by a judge. Appealing a plea bargain can be difficult because there are fewer opportunities for errors of law to be made than in a trial. Generally, the primary reasons to appeal a plea bargain are unlawful sentencing or inadequate counsel.
Criminal Appeals Process in New York
In New York law, it is also important to understand the criminal appeals process before deciding to appeal a plea bargain. While many people find the trial court process straightforward and logical, the appellate court is much more legally complex and foreign to average citizens without legal training. The purpose of an appeal is to correct an error of law, not to argue a case. As such, there is no argument or discussion between judges and legal counsel. The defendant and plaintiff may not even be required to appear in court in some cases. The process of an appeal is handled with written briefs detailing the arguments, rather than the persuasion of a jury.
As such, one of the key factors in the criminal appeals process is identifying errors of law. Neither party can submit new evidence in an appeal, which means the arguments presented in an appeal will naturally rely on legal processes and minutiae. The grounds for an appeal are based on the failure ot effectively and accurately apply the law. When appealing a plea bargain, this will often take the form of arguing that the sentence given was not in line with the relevant statutes. However, there are also some circumstances in which ineffective or erroneous counsel encouraged the defendant to take an unfair plea deal. If the defendant was not provided with adequate counsel, the acceptance of the plea deal may be a misapplication of the law.
Contact a New York Appellate Attorney in Criminal Law
New York criminal appeals are complex, especially when appealing a plea bargain. The legal options for those who feel the plea bargain they accepted was unfair or unlawful may be limited due to the waiving of certain rights and the sentencing details. However, this does not fully answer the question. Can you appeal a plea bargain in New York? Yes, but the process often requires niche legal knowledge and experience in the appellate courts. Understanding your legal rights is the first step, but submitting an appeal may require more extensive legal knowledge. A skilled New York criminal appeals lawyer from The Law Office Of Benjamin Greenwald can help. Schedule a consultation today by calling (845) 567-4820 for more details.
