Trying to appeal a blind plea can be a difficult process in Oklahoma. A blind plea is when a defendant pleads guilty without any agreement on sentencing from the prosecutor. This type of plea leaves the sentencing entirely in the hands of the judge. While entering a blind plea can sometimes lead to more lenient sentencing, the defendant relinquishes all control over the outcome. However, appealing a blind plea is possible under certain conditions. This article will hopefully give you some guidance should you find yourself in this legal dilemma.
What Is a Blind Plea?
A blind plea, also known as an “open plea,” occurs when a defendant pleads guilty to the charges without a plea agreement. The defendant admits guilt and accepts that the judge will determine the sentence after considering the facts and circumstances of the case. This approach contrasts with a negotiated plea, where the defense and prosecution agree on specific sentencing terms.
This type of plea doesn’t mean you haven’t been briefed on what it means. In some rare cases, a defendant’s counsel will discuss the option with their client. This may happen if there is no deal on the table, or if they believe the DA’s deal to be worse than what the judge could offer. These specific circumstances often hinge on the nature and severity of the crime as well as the maximum punishment for the infraction.
Grounds for Appealing a Blind Plea
To be able to appeal a blind plea, just as with anything else, you must have legal grounds. The primary grounds for appealing a blind plea include:
- Ineffective Assistance of Counsel: If the defendant can demonstrate that their attorney provided inadequate legal representation which affected the decision to enter a blind plea. Examples include failing to inform the defendant of the consequences of the plea or not exploring viable defenses.
- Involuntary Plea: A plea must be entered voluntarily, knowingly, and intelligently. If the defendant can show that this was not the case, it may be possible to appeal. This includes instances where the defendant was misinformed about the potential sentence or misled by legal counsel
- Procedural Errors: Any procedural errors during the plea process that violated the defendant’s rights can be grounds for appeal.
Some people might assume new evidence that is found can be a reason to appeal. Unfortunately, new evidence cannot be heard in an appeal. However, if you can argue there was a procedural error or tyour counsel was ineffectual at defending you that aided in the evidence being omitted, you may have grounds for one. Winning an appeal can make it to where you get a new trial.
The Appeal Process
Appealing a blind plea is challenging at best, but it’s not impossible. The process involves several steps:
- Filing a Notice of Appeal: The defendant must file a notice of appeal with the appropriate appellate court within a specified time frame, typically 10 days from the date of sentencing.
- Preparing the Record: The appellate court will review the trial court record, including transcripts of the plea and sentencing hearings, to determine whether there are grounds for appeal.
- Submitting Briefs: Both the defense and prosecution submit written briefs outlining their arguments. The defense argues why the blind plea should be overturned, while the prosecution argues for upholding the plea and sentence.
- Oral Arguments: In some cases, the appellate court may schedule oral arguments, allowing both sides to present their case and answer the judges’ questions.
Afterwards, the appellate court will review the case and issue a decision. If the court finds merit in the appeal, it may overturn the plea, vacate the sentence, or remand the case for further proceedings. Having proper legal counsel to help with the appeal process is pivotal to its success.
Potential Outcomes
If the appeal is successful, several outcomes are possible:
- Vacating the Plea: The appellate court may vacate the blind plea, allowing the defendant to withdraw the plea and proceed to trial or renegotiate a plea agreement.
- Resentencing: The appellate court may order resentencing if it finds the sentence was based on incorrect or incomplete information.
- New Trial: A new trial may occur if procedural errors or new evidence significantly impacted the original decision.
The outcome will be determined after the court looks at the full situation to ensure you get the fairest result. It’s important to note that this is a lengthy as well as costly endeavor. This makes it necessary to make sure that you know what your rights are as well as your grounds for defending them. A lawyer can help you assess your odds and give you the fighting chance you deserve.
Tulsa Post Conviction Appeals Lawyers
Appealing a blind plea in Oklahoma is a complex process that requires demonstrating significant legal errors with the original plea. Grounds for appeal include ineffective assistance of counsel, involuntary plea, new evidence, and procedural errors. Understanding the appeal process and potential outcomes is crucial for anyone considering this option. If you’re trying to appeal a blind plea, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.