South Carolina Criminal Lawyer Blog

In determining whether to accept a plea offer, the Defendant and his attorney must carefully review the ramifications for choosing to go forward with a plea agreement. In U.S. v. Delante Antwyne Roper, the Fourth Circuit Court of Appeals ruled that the appellate waiver contained within Roper's plea agreement was valid. Although, Roper attempted to withdrawal his plea before he was sentenced, the Court found that he knowingly and intelligently waived his rights. If the Court determines the waiver is valid, then it will enforce it when the issues are within the scope of the waiver. In the instant case, the waiver was very broad and allowed Roper to question the validity of his conviction within his initial brief.

In his appeal, Roper asserted that the district court erred in denying his motion to withdraw his guilty plea as his counsel coerced him into accepting the offer. However, the Court reasoned that Roper willfully admitted during his Rule 11 hearing that he understood the term of the plea agreement and stated that no outside promises or influences had been made. There are several factors that must be considered when deciding if a plea should be withdrawn; for example:

(1) Was the plea knowingly and voluntarily made by the Defendant?
(2) Does the evidence presented prove the Defendant's innocence?
(3) Is the Defendant's counsel competent?

There are numerous other questions that the Court must consider in this type of instance and the Defendant must present evidence that credibly asserts some of those factors. Otherwise, the Court will be unlikely to grant a withdrawal as in Roper's case. This is the reason that it is important to hire a knowledgeable appellate attorney in order to ensure that all the issues are addressed within your appeal. We have criminal defense attorneys that are prepared to assist you in your case and are experienced within the federal and state systems.