Can I fight a charge I plead guilty to? How? 5 Answers as of August 12, 2013

I plead guilty to a felony assault charge after my attorney talked me into it. He told me I would just have to do 5 years probation. After I plead guilty, I found out that I had to do 8 months in county jail, and pay restitution, plus the probation. I did the jail time but skipped out on probation. Now I have a warrant. Any way I could go back and fight the assault charge? Appeal?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can file a motion to withdraw plea, if it is not too late. Or file a habeas action, If you are claiming there was some ineffective assistance of counsel.
Answer Applies to: Georgia
Replied: 8/12/2013
Law Offices of Gerald R. Smith
Law Offices of Gerald R. Smith | Gerald R. Smith
Depending upon the time frame, any right to appeal the conviction has probably lapsed. You might still be able to attack it with post-conviction ineffective assistance of counsel claim. The problem is that the probation violation/warrant is a separate issue. Even if you could get the conviction reversed, it would take a lot of time. In the meantime (and possible after), you would still be on the hook for the violation. And because of skipping out, you could be held in jail even if the conviction is vacated, because that would not make everything go away. It would put the case back to where it was before you plead guilty. Your best option is to consult an attorney who can gather all the information to advise you of the best course of action. The warrant will not just go away.
Answer Applies to: Washington
Replied: 8/9/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
To late to appeal, 60 days from sentencing, and unlikely you would succeed since you undoubtedly signed a document which included the terms of the plea bargain.
Answer Applies to: California
Replied: 8/8/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
You had 60 days to appeal and needed to have done it then; you are too late now, since habeas is a long shot when you forfeited your clear opportunity before. You should not sit on your rights. [If it is still within 6 months of guilty plea, you could try to withdraw your plea.]
Answer Applies to: California
Replied: 8/8/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Too little, too late. It is very doubtful you can do anything now.
Answer Applies to: Michigan
Replied: 8/8/2013
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