Successful appeals must present a specific legal problem with the plea that you entered voluntarily and which was approved by the judge. An appeal is taken by filing a motion for new trial in the court where you pled guilty. The motion must be accompanied by an affidavit that outlines the specific facts that form the basis for your appeal. The affidavit should be signed under the pains and penalties of perjury by someone who has personal knowledge of the facts stated.
If you are successful, the case is not dismissed, instead you get a "new trial". It will be as if you did not plead guilty and the case starts over.
Talk to a lawyer to learn more about your options to appeal and the process that must be followed.
Part 3: Pre-Trial, Trial and Verdict
- What is a pre-trial conference date?
- What occurs at a pre-trial conference?
- How soon must a trial take place?
- How are cases decided at a trial?
- What happens at trial?
- What is a verdict?
- Can I appeal a guilty verdict?
- Can I appeal from a guilty plea?
- What happens if I do not go to court?
- What should I do if I miss a probation appointment?
- How can I get help if I am a victim of a crime?
- Where can I get help if I am a criminal defendant?
- More information on the criminal process