I took a plea deal—can I appeal that?
I took a plea deal—can I appeal that?
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When you accept a plea, you usually waive many appeal rights. But a plea agreement is a contract: if the judge accepts it, the terms should match what you agreed to. If the judge rejects those terms, you should be allowed to withdraw your plea before sentencing (Fed. R. Crim. P. 11(c) & 11(d)).
Here, you agreed to 6 months with no tether; the judge extended it to 12 months and added a tether. That’s more than you bargained for. Your lawyer should have asked to withdraw the plea or put the original deal on the record.
Most states don’t allow appeals just because you dislike the sentence. But you can move to withdraw the plea if it wasn’t voluntary/knowing/intelligent, or if the court didn’t honor the agreement. Many states let you file a “motion to withdraw plea” within a short window (often before sentencing or shortly after). Some allow a limited appeal if the sentence exceeds the agreement.
Since this happened last week, timing is critical. Speak with your attorney immediately about filing a motion to withdraw the plea now. If counsel didn’t object, there could be an ineffective assistance issue later—but the cleaner step is to move to withdraw before the order becomes final.
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I took a plea deal—can I appeal that?
I understand dealing with a plea can be stressful. When did you accept it?
Last Wednesday, 8/13/2025.
What are your reasons for wanting to appeal?
The deal was 6 months’ probation, no tether, and reducing aggravated stalking to misdemeanor stalking. I agreed. Then the judge said 6 months was too short, changed it to 12 months, and said I have to keep the tether on “till they feel like it.” That wasn’t part of the deal. Feels like they switched it.
Anything else the criminal lawyer should know?
Yes.
When you accept a plea, you usually waive many appeal rights. But a plea agreement is a contract: if the judge accepts it, the terms should match what you agreed to. If the judge rejects those terms, you should be allowed to withdraw your plea before sentencing (Fed. R. Crim. P. 11(c) & 11(d)).
Here, you agreed to 6 months with no tether; the judge extended it to 12 months and added a tether. That’s more than you bargained for. Your lawyer should have asked to withdraw the plea or put the original deal on the record.
Most states don’t allow appeals just because you dislike the sentence. But you can move to withdraw the plea if it wasn’t voluntary/knowing/intelligent, or if the court didn’t honor the agreement. Many states let you file a “motion to withdraw plea” within a short window (often before sentencing or shortly after). Some allow a limited appeal if the sentence exceeds the agreement.
Since this happened last week, timing is critical. Speak with your attorney immediately about filing a motion to withdraw the plea now. If counsel didn’t object, there could be an ineffective assistance issue later—but the cleaner step is to move to withdraw before the order becomes final.
Thank you—yeah, I feel like they baited me.
You’re welcome. Act quickly and consult your attorney about moving to withdraw the plea.
Angelo M
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