can i appeal plea bargain for DUI
Question: I pled guilty to a DUI. My Public Defender that I would still have 10 days to appeal if I changed my mind about the plea bargain and decided I wanted to take my DUI case to trial. I want the DUI case to go to a jury trial anyways. Can I still appeal the plea bargain.
Answer: General one would appeal a DUI trial loss, not a DUI plea bargain. Were you sentenced already based on the DUI plea bargain, or do you have to go back to court to be sentenced? In CA, if someone wanted to change their plea after being sentenced, they would have to motion for withdrawal the guilty plea to the DUI (different than appeal). You should clarify your situation with your attorney and confirm what your options are at this point.
Sincerely,
Phil Hache
DUI & Criminal Defense Attorney