David E. Stanley APLC

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David E. Stanley APLC

If I Entered A Guilty Plea, And Was Sentenced By The Court, And I File An Application For Post-Conviction Relief?

A. When you plead guilty, you ordinarily waive all non-jurisdictional defects in the proceedings that led up to the guilty plea, and you are precluded from seeking a review of any such defects by appeal or post-conviction relief. Once sentence has been imposed by the court, the only guilty pleas that be withdrawn by appeal or post-conviction relief are those that are constitutionally infirm. A guilty plea is considered constitutionally infirm, if it was not entered freely and voluntarily, if the court’s Boykin examination prior accepting the plea was inadequate, or when the guilty plea was induced by a plea bargain, or what was justifiably believed to be a plea bargain, and that bargain is not kept by the state. Under those circumstances, the person who entered the guilty plea has been denied due process of law because the guilty plea was not given freely and knowingly.

About the Author If you have been charged with a federal or state felony crime,
Attorney David Stanley works tirelessly to protect and
defend the legal rights for you.