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Legal Issues

by Mike Masnick

Thu, Sep 15th 2005 11:07am





Pleading Guilty... Then Appealing?

from the now-there's-a-strategy dept

Those involved in the legal community may know more about such actions, but this is the first time I've seen someone plead guilty to a crime... and then immediately appeal the case. You would think, if you're pleading guilty, that you've accepted the situation. In this case, about how the founder of the UK's Demon ISP allegedly intercepted the emails of some partners he was feuding with, Cliff Stanford claims that the judge interpreted the law incorrectly -- leaving pleading guilty as the only course of action. That does seem a bit strange. He could fight out the case, and then appeal after pleading guilty, which would seem like a much more reasonable course of action. Just pleading guilty, and then appealing your own plea seems like a recipe for trouble (though, you could argue that he saves on the trouble of going through the first trial). In some ways, it just seems like they didn't like this judge, so they threw the case away to immediately jump to a higher court. That's not quite how the legal system is supposed to work.

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  1.  
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    Art McClure, Sep 15th, 2005 @ 5:05pm

    Pleading Guilty

    When one pleads "Guilty", they generally don't know what the actual sentence is going to be. For selling $400 worth of hand tools to a pawn shop, (with a valid ID and thumb print) that I did not know were stolen, I received five years probation and payments totaling over $4000. That is why I plead guilty and then appealed. It was my first offence.

     

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  2.  
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    Anonymous Coward, Sep 16th, 2005 @ 2:05am

    No Subject Given

    Most likely the defendant is admitting doing the actions he's accused of (hence the guilty plea), but denying that his actions constitute a crime (hence the appeal).

     

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  3.  
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    Barbara Adamson, Oct 30th, 2006 @ 1:24pm

    appealing a pleading of something he did not do

    Mr. X was told to plead guilty to abusing his girl friend simply to get out of jail. He was informed by the duty counsel that he would have to spent several months in jail if he did not plead guilty. The evidence now proves that he never laid a hand on the girlfriend. She however, has managed to get him out of his house and is attempting to take ownership based on this alleged spousal abuse. How can Mr. X appeal something he plead guilty to simply because the duty counsel instructed him to do so?

     

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    Anonymous, Mar 7th, 2008 @ 5:47pm

    Plead guilty...then appeal?

    My defense is advising me to plea guilty to a DUI. He then plans to appeal this charge because the officer didn't have probable cause. If the appeal is approved would that reverse the DUI charge, considering I have admitted guilt to the crime? Should I go to trial and be found guilty by a jury, or plead guilty and appeal. Saving me time and money?

     

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    john brick, Dec 1st, 2008 @ 10:16am

    Re: Pleading Guilty

    How did you get on with the appeal?

     

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  6.  
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    anon, Mar 17th, 2009 @ 5:15am

    Re: appealing a pleading of something he did not do

    Hi there, I realise that you probably wont get this message but if you do I was wondering if you were able to appeal. I was accussed of kissing a 16 year old (I was teaching at the time), i'm innocent but I was advised to plead guilty to get a lesser sentence. I got a 6 month conditional discharge but I want to appeal. I was terrified of going to prison when I pleaded guilty and that is the only reason I agreed. Please let me know how yupu got on if you get this message.

     

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    dj, Dec 5th, 2012 @ 6:41pm

    appeal after deal

    My daughter accused me of sexual assault after she made a pass at me I rejected her and verbally disciplined her. She was upset and became completely rebellious.There was no DNA no phisical evidence. My lawyer said it's her word against mine.Even with the numerous counts of inconsistents at the preliminary hearing. He said he will tear her up on the stand.He did nothing but scare me in to tacking a deal.WHAT CAN I DO?

     

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  8.  
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    Anonymous Coward, Dec 12th, 2012 @ 4:46am

    i want to appeal a charge im on probation for

    I too pled guilty and received 10 years probation for a crime I didn't commit. My ex wife said I beat her multiple occassions with no supporting evidence, because I didn't touch her. I was in jail four in a half months so i pled guilty to get out but now that I see how hard it is to obtain a job i want to appeal it. Can i? If so, how?

     

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