{"id":352246,"date":"2023-09-18T09:40:02","date_gmt":"2023-09-18T14:40:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/can-you-appeal-a-plea-bargain.html"},"modified":"2025-04-16T09:39:00","modified_gmt":"2025-04-16T14:39:00","slug":"can-you-appeal-a-plea-bargain","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/can-you-appeal-a-plea-bargain.html","title":{"rendered":"Can You Appeal a Plea Bargain?"},"content":{"rendered":"\n
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Can You Appeal a Plea Bargain?<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Yes, you can appeal a guilty plea if you had ineffective legal counsel. This means your lawyer failed to fully inform you about all the details of the deal. Otherwise, plea bargains are generally final. They permanently waive your right to appeal.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

You might have taken a plea deal for criminal charges because of your attorney’s advice. They said the evidence against you is too strong, and this deal is the best outcome available. At the time, you believed it was true.<\/p>\r\n

But now that there’s a conviction on your record, you have second thoughts. You realized that accepting the plea agreement<\/a> has much worse consequences than you expected. You find out you can’t even try to clear your name. You’re starting to think your lawyer should never have pushed you into the deal. You suspect your lawyer didn’t care about your case.<\/p>\r\n

See how to appeal a plea bargain below. There are very few reasons a court will overturn a guilty plea. If you are in this difficult position, find a defense attorney<\/a> you can trust to fully advocate for you.<\/p>\r\n

Waiving a Right to Appeal<\/h2>\r\n

When entering a guilty or no contest plea, you effectively give up your right to appeal the sentence, unless there’s an egregious error by your attorney or the trial judge. The U.S. Supreme Court has consistently held that a defendant can choose to waive many important constitutional rights and statutory rights during the plea bargaining process. These waived rights include the right to appeal the sentence later.<\/p>\r\n

Courts want to safeguard against a "buyer’s remorse" situation, in which the defendant knowingly and voluntarily enters into a plea deal but later decides they want to gamble and go to trial instead. Absent any other facts or circumstances, a defendant won’t be able to appeal the sentence or withdraw a plea simply because they change their mind later.<\/p>\r\n

Ineffective Assistance of Counsel<\/h2>\r\n

But what happens when your lawyer doesn’t properly advise you on your plea bargain? You may have a viable claim for ineffective assistance of counsel<\/a> if your lawyer doesn’t adequately represent you at the plea bargaining stage of your criminal case.<\/p>\r\n

The standard for this type of criminal appeal is exceptionally high. Unless you can show a serious error by your lawyer, it’s challenging to win at the appellate court level. Some examples of what constitutes a serious error:<\/p>\r\n