Steps to Withdraw
Can I appeal a conviction that I either pled guilty or no contest to in a plea bargain for? Hi, I’m Oklahoma City Attorney Aaron Easton, and that’s the question we have for us today. And the answer is yes, there is a path to do so. And really, it’s not necessarily an appeal, such as a direct appeal to the Oklahoma Court of Criminal Appeals for a case in which you were convicted by a judge or jury for.
What you’re really gonna be doing is making an application to the district court in which your plea bargain was agreed to, to withdraw your plea. And so, the statutory right for you to do so on that is found under the Oklahoma Court of Criminal Appeals rules, which is found in Title 22, Chapter 18, and it’s Rule 4.2, Parentheses A. And that statute reads that in all cases involving a plea of guilty or nolo contendere, the accused must have filed an application to withdraw their plea within 10 days from the pronouncement of the judgment and sentence, and must request an evidentiary hearing.
Understanding the Process
So, first and foremost, you can see that your timeframe for doing so is pretty short. So, really, if you’ve pled, if you’ve agreed to a plea bargain with the state, you probably know whether or not you want to withdraw that plea before the date of the judgment and sentence. Perhaps you’ve learned that the crime that you agreed to plead to with the state was actually a harsher sentence than you originally thought, and that wasn’t explained to you properly, or something along those lines, and you’ve determined that, you know, I’ve made this plea, I haven’t, you know, the sentence hasn’t been handed down by the court necessarily, but I don’t think I should have made this plea. That’s probably the most likely scenario in which you’re gonna withdraw your plea, or it’s possible you go to your judgment and sentence, and what the court hands down is much more harsh than what had been relayed to you by your defense attorney. That could lead to the circumstance in which you’d want to withdraw your plea.
So, again, you have that 10-day frame, and what the court looks at is whether or not your plea was what’s quote, whether it was quote, knowing and voluntary. So, it’s a bit of a difficult burden to meet. So, the court is going to lean towards the side of if you agree to this, it is knowing and voluntary, unless you can prove to the court otherwise. It’s the burden of the defendant to show, yes, your honor, I did agree to this, however, it wasn’t knowing and voluntary, and here’s why. And oftentimes, that will be because perhaps, again, it wasn’t explained to you properly that what you were agreeing to, what the sentence range was, or what the amount of that sentence you would have to serve would be, such as in the case of an 85% crime in Oklahoma. And typically, there’s three ways that that would come about either the judge, defense counsel, and or the form, the uniform plea of guilty that you would have filled out when you made your plea. Somewhere along there, there was some defect that led to your plea not being knowing and voluntary.
Seeking Legal Assistance
If you think you’re in this case, in this circumstance, and you want to withdraw your plea of guilty, you’re gonna have to move fast with that 10-day time frame, and you’re gonna want to speak to an attorney privately and confidentially about the specifics of your case. And to have a initial consultation with an attorney at my firm, you can reach us at 405-888-5400, or online at postconviction.lawyer.
Take Action Now
If you believe you have grounds to withdraw your guilty plea, don’t delay. Contact our firm today for a initial consultation to discuss your case and explore your options. Call 405-888-5400 or visit postconviction.lawyer to schedule your consultation. We’re here to help you navigate the legal process and protect your rights.