Sacramento, CA asked in Appeals / Appellate Law and Criminal Law for Texas

Q: Can I appeal my plea bargain? How?

Inadequate representation of legal counsel.

1 Lawyer Answer

A: You always have the legal right to appeal even if you have no chance of prevailing.

In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant unknowingly or involuntarily accepted plea bargain in certain rare circumstances. You will most likely need to show the connection between the inadequacy of the attorney's representation and your unknowingly or involuntarily accepting the plea.

For a discussion of ineffective assistance of counsel during plea negotiations, you might read this link:

https://www.robertguest.com/ineffective-assistance-of-counsel-during-the-plea-negotiations.html

These are very fact specific and very difficult appeals to win so you need to hire a very experienced, very skilled criminal defense lawyer with considerable expertise in criminal appeals. Verily I say that such an attorney will likely merit a considerable retainer to review and evaluate your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.