David J. Celuch
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Can I appeal my conviction if I accepted a plea bargain?

Facing criminal charges in Oregon can disrupt your life. Perhaps you chose to accept a plea deal, but now you want to appeal your conviction. Do you still have that option if you pleaded guilty?

According to FindLaw, it is possible, but you must have a good reason to withdraw your plea.

  • Some appeals are successful when defendants argue that no one explained their Constitutional rights to them. If you decided to enter a guilty plea without understanding that you had the right to a trial, or you did not understand that you had the right to speak to an attorney, you may have a valid reason to withdraw your plea.
  • The judge in your case should have evaluated its underlying facts when deciding whether or not to accept your plea agreement. You may want to argue that there was no factual basis for your plea, after all.
  • If you did not understand what you were being charged with, the confusion could have made the plea deal seem like your best option. 

You have a very narrow window of time after you receive your sentence in order to file a motion. What if you miss that deadline, or the judge denies your motion? You may still have the option to file a petition of habeas corpus if you have valid arguments about why you should be allowed to file your appeal.

This information about appealing a plea deal is general in nature, and should not be interpreted as legal advice.

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Portland, OR 97201

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