Jacksonville, FL asked in Criminal Law for Georgia

Q: If II already went to court and plead guilty on a felony charge is too late to file an appeal to reduce it ?

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Glenn T. Stern
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Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: When you enter into a negotiated plea on a criminal case, you give up a lot of rights, including the right to contest the charges. You can file an appeal, but appeals are only granted when the petitioner can sufficiently show the court that the plea was either not actually knowingly and voluntarily given, or that the court did something improper or illegal during sentencing. Buyer's remorse (i.e. "I want the charge reduced") is not a valid reason. When you sign the plea paperwork and then the judge questions you aloud and on the record about your desire to plea to the given charge, that you understand what you're doing, that no one has promised you anything or threatened you to plea guilty, etc.--that process is there so it is clear that everyone is in agreement, and if a defendant later has a change of heart, they can't just come back and ask for a "do-over."

Judges cannot reduce charges; only prosecutors can do that. If you want a charge reduced--you have to get that settled and done with them before you go before the judge and plead guilty.

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