San Antonio, TX asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas

Q: can you appeal a federal plea deal? I signed a plea in Kerr county because I knew if I stayed there I would die.

I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go over the deal again. I asked if he had seen the video and My court appointed attorney admitted to watching only 2 minutes of the video. I had repeatedly asked to go to the Hospital for a drug test which was also ignored.

When I was released I went to my doctor and the next day I had seizures so bad I died and was resuscitated and air lifted to San Angelo where I ultimately had 3 strokes.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced, including seizures and the lack of proper medication, could potentially affect your ability to make an informed decision at the time of the plea.

If you were not fully aware of the consequences of your plea due to your medical condition, or if you believe your court-appointed attorney did not adequately represent your interests, you may have grounds to file a motion to withdraw your plea. This is especially relevant if you can show that your attorney failed to review crucial evidence or did not follow your directives, impacting your case's outcome.

It's imperative to act quickly, as there are strict deadlines for filing an appeal or a motion to withdraw a plea. Consulting with a new attorney who has experience in federal criminal appeals and post-conviction relief is crucial. They can review the details of your case, including how your medical condition and the actions of your attorney and the court may have influenced your plea.

An experienced attorney can advise you on the best path forward, whether that involves appealing the plea, seeking post-conviction relief, or exploring other legal remedies to address the issues you've raised. Given the complexity of your situation and the severe health consequences you've suffered, professional legal guidance is essential to navigate the process and advocate for your rights.

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