zlg, 1/1 archive, I`m always asked whether the court can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. sec 2255. My answer is always the same: It depends, but it can happen. Usually, a sec 2255 motion attacking a guilty plea opens the door for any […]
It`s long been said that a valid guilty plea goes a long way in barring post-conviction relief in the courts. While that can be true for challenges to the guilty plea itself, it`s often not true for challenges to a sentence resulting from that guilty plea. After navigating the procedural hurdles for these claims, federal […]
It used to be that the events leading up to a guilty played out in secret. The prosecutor and the defense would get together and hammer out a deal where the defendant would agree to plead guilty in exchange for some concessions. Maybe there were some promises made, and maybe there were some threats. But […]
Attacking the guilty plea is probably one of the least understood concepts in the post-conviction world, even though more than 95 percent of state and federal convictions are the direct result of a guilty plea. Why are guilty pleas so prevalent? Because they`re easy. It`s an easy win for the prosecutor, and the courts love […]
Empty Promises at the Guilty Plea Hearing: “Don’t Worry, We’ll Fix the Error Later On” By Dale Chappell, author of Attacking the Guilty Plea: An Insider’s Guide So, I was sitting in a courtroom waiting for a case to be called and I noticed something disturbing. A guy standing at the podium, which happened to […]
Zen Law Guy 