Q: Can a defendant appeal a guilty plea that was made under distress?
A family member of mines was blackmailed into pleading guilty by the DA as they told him if he did not plead guilty they would have indicted him on a new charge. As he had been through horrific ordeal since his incarceration such abuse by correctional officers, attacks from inmates and improper care by medical staff for a head injury he sustained which led to a concussion. As he did no longer wanted to remain on rikers island and no longer had the strength to continue fighting for his innocence he had to plead guilty.
A:
a) that's not blackmail, that's part of a plea bargain
b) abuse from correctional officers should be brought up with a civil rights attorney, which you can reach out to me for a referral, I know a terrific one.
c) He did not "have to plead guilty."
A: Proving "duress" is not easy. Was he legally of sound mind at the time he pled? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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