Can I appeal a guilty plea in a criminal case?
Yes, you can appeal a guilty plea in a criminal case in Washington. In Washington, a person may appeal a guilty plea within 30 days of entering the plea or being sentenced. In order to appeal a guilty plea, an individual must file a "notice of appeal" with the court clerk. The notice of appeal must include the name and contact information of the appealing party, the date on which the guilty plea was entered, and the reason for the appeal. Appeals may be taken for a variety of reasons. Most commonly, appeals are based on claims of ineffective counsel, coercion by the prosecutor, lack of understanding of the plea agreement, or a plea of guilty to a more serious crime than the individual actually committed. The individual who is appealing their guilty plea must demonstrate that but for an error made during the plea bargain process, they would have chosen to plead not guilty. If an appellate court determines that the guilty plea was taken under unconstitutional circumstances, the court may vacate, or cancel, the plea and return the case to the trial court for further proceedings. A criminal case may also be reversed and sent back to the trial court if the appellate court finds that the defense attorney failed to provide sufficient counsel. Ultimately, whether or not a guilty plea can be overturned depends on the facts of the case. It is important to consult a qualified criminal appeals attorney to determine if the guilty plea can be successfully appealed.
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