Can I appeal a guilty plea in a criminal case?

Yes, you can appeal a guilty plea in a criminal case in South Carolina. When a court accepts a guilty plea, the defendant is admitting to the charges and waiving the right to a trial. An appeal of a guilty plea may be granted if the person making the plea can show that the plea is not legally valid, or that they entered into the plea under duress or without counsel. In South Carolina, the time limit for filing an appeal starts on the date that the sentence is imposed, or if the defendant is in custody, the date of the conviction. The South Carolina Appellate Court must approve all appeals of guilty pleas before any action can be taken. Generally, a criminal appeal must be filed within 30 days of the court’s final judgement. The court may grant a hearing to determine if the conviction was valid and if it should be reversed. If the court decides that the guilty plea was invalid, the guilty plea may be set aside and the case will be sent back to the trial court. The defendant will then be allowed to enter a new plea or stand trial. If the defendant is seeking to appeal a guilty plea because they feel their plea was entered without their consent or under duress, they may present this evidence to the court. In this situation, the court may decide to reverse the guilty plea and order a new trial, allowing the defendant a chance to defend themselves.

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