Defendants usually don’t realize their guilty plea was involuntary at the time they enter it. This is because involuntary pleas are almost always based on a misunderstanding, misrepresentation, or ineffective assistance on the part of plea counsel. It takes awhile for the defendant to realize what has happened.
Trying to undo a guilty plea is never easy. Defendants often fail to understand the legal significance of what they’ve signed off on. If you’re regretting entering a guilty plea and want to fight it, ring up a good criminal appeal attorney, because, as you’ll see below, the strategy you need to fight it depends on the procedural details of the case and at what point in the process you realized you’d been crossed, mislead, or misadvised.
In a three-part series, I’m going to describe how the guilty plea is protected by the Criminal Justice System, how a plea bargain is immortalized into a judgment, and how a plea open to the court works (and how defendants sometimes get screwed with this procedural arrangement), and how guilty pleas are challenged as involuntary.