Dothan, AK asked in Appeals / Appellate Law for Alabama

Q: How do i appeal a guilty plea?

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1 Lawyer Answer
William Lee Pfeifer Jr
William Lee Pfeifer Jr
Answered
  • Appeals & Appellate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: In most situations, you cannot appeal a guilty plea. However, there are certain exceptions that exist. Whenever possible, the first step in appealing a guilty plea is to file a motion to withdraw the guilty plea first. This has to be filed within 30 days of sentencing in order for the trial court to have authority to grant it, and you have to establish good reasons for the court to let you withdraw the plea. If you did not file to withdraw the guilty plea and did not file your appeal in time, you may be able to file what is called a Rule 32 petition challenging your conviction. To learn more about that subject, please read my article at http://williampfeifer.com/2010/01/26/12/30/23/criminal-procedure/using-r.... If I can be of any assistance, please feel free to call me or send me an email through my website. Good luck to you.

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