Plea Deal Without Consent

Summary

If an attorney accepts a plea deal without the clients consent, it may be considered ineffective assistance of counsel in Pennsylvania. You generally have one year from the date the judgment becomes final to file a PCRA petition. If your PCRA is denied, you have 30 days to appeal. If your right was obstructed, you may file a petition for allowance of appeal beyond this period citing extraordinary circumstances. If a granted PCRA is obstructed, you may have grounds to appeal. Consult another attorney for personalized advice.

Full Conversation

can you answer my question
Certainly! If an attorney accepts a plea deal without the client's consent, the client may have grounds to challenge the validity of the plea deal. In Pennsylvania, this could potentially be considered ineffective assistance of counsel.
Here are some steps you might consider:
- Discuss the situation with your attorney to clarify any misunderstandings.
- If unsatisfied, consult another attorney to discuss the possibility of filing a motion to withdraw the plea based on ineffective assistance of counsel.
Would you like more detailed information on how to proceed in Pennsylvania?
is it an ineffective assistant counseling
Yes, accepting a plea deal without the client's consent can be considered ineffective assistance of counsel in Pennsylvania. You may have grounds to challenge the plea deal.
Would you like more information on how to withdraw the plea based on ineffective assistance of counsel?
how long do you have to file a petition for the plea deal that was offered without your consent in Pennsylvania
In Pennsylvania, you generally have one year from the date the judgment becomes final to file a Post Conviction Relief Act (PCRA) petition.
Would you like more information on the process of filing a PCRA petition?
how long do you have to appeal the pcra to the state's higher courts
In Pennsylvania, you have 30 days from the date of the order denying your PCRA petition to file an appeal to the state's higher courts.
Would you like more information on the appeal process?
could you file after 30 days possibly if you're right was obstructed after it was granted by the judge
Thank you for your patience. In Pennsylvania, you generally have 30 days to appeal a PCRA denial. However, if your right was obstructed, you may be able to file a petition for allowance of appeal beyond this period citing extraordinary circumstances.
Could you please provide more details about the obstruction you experienced?
if the pcra was granted to go back to trial and it was obstructed afterwards do you have the right to appeal it due to the fact that it was obstructed in Pennsylvania
Thank you for your detailed question. In Pennsylvania, if your PCRA was granted and the subsequent retrial was obstructed, you may have grounds to appeal citing the obstruction.
Could you describe the nature of the obstruction you experienced? This will help provide more precise information.