Tuesday, November 24, 2015

Can you Appeal a Plea after it's been accepted? Can charges be Refiled? Must I use the same Lawyer? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can I go back for an appeal within 30 days if I take a plea deal from the state with a different attorney and is the state allowed to withdraw there deal or refile a charge if it was dropped?



A:    Chosen  as "Best Answer" by Asker on www.AVVO.com
Licensed in FL



1

Helpful vote
Best Answer
chosen by asker
Answered . It matters not who your lawyer is. You are free to use your old lawyer or a new lawyer or even to serve as your own lawyer (not that I recommend you doing that but this is America and thus you can represent yourself if you wish).

A plea offer can be revoked until it is accepted BY THE COURT and if a charge is dropped then the State can refile it up until the Statute of Limitations runs.

All of that said you are asking about appeals (which suggests that your case is closed) yet you are also asking about plea offers and dismissals.

You really should speak to a real world lawyer who can figure out whether you have an appeals or a trial court question. There are huge differences.

Although I am not an appeals / post-conviction lawyer I will share with you what I know about the process, and I will encourage you to seek appellate / post-conviction representation.

If there is legal cause to do so then you can file a motion to withdraw your plea under Rule 3.170. This motion must be filed within 30 days of your sentence. However, if you are beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then you can file a motion to vacate the judgment and sentence under Rule 3.850. In this case you have 2 years from the day that the sentence became "final" in which to file.

Florida Rule of Criminal Procedure 3.800 allows a defendant to file a motion to reduce or modify their sentence, but this motion has to be filed within 60 days from the date of sentencing. If a judge denies the motion you typically cannot appeal the decision.

That's all I've got. I hope that I have been helpful in answering your question.
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