November 19, 2025 | Criminal Law
In Ohio, entering a guilty plea doesn’t always mean the case is over. While pleading guilty generally waives (with certain exceptions) your right to challenge the conviction itself, you may still have the ability to appeal the sentence the court imposed. This can happen if, for example, the judge made a legal error and issued an unlawful sentence in some way.
Learning about how this process works, including when an appeal might apply, can make a critical difference in protecting your rights going forward, even if you’ve been convicted. Continue reading to learn more.
What Rights You Waive When Pleading Guilty
Under Ohio Revised Code § 2953.08, a person who pleads guilty typically waives their right to appeal the conviction itself. This is because a guilty plea is considered a voluntary admission of guilt. By entering that plea, the defendant accepts both the charge and the legal consequences that follow.
However, certain rights remain intact. A guilty plea does not automatically prevent appeals related to:
- Errors made during sentencing (for example, if the court imposed a sentence outside legal guidelines)
- Violations of constitutional rights (such as not being properly informed of plea consequences)
- Claims that the plea was not voluntary and was made knowingly
If a defendant can show that their plea was the result of certain factors, like coercion and/or ineffective legal counsel, they may be able to appeal their sentence in some cases.
Appealing Sentencing Errors in Ohio
A common reason for appealing after a guilty plea involves the sentence, rather than the conviction itself.
Under Ohio law, appellate courts can review a sentence if:
- The judge did not follow mandatory sentencing procedures
- The sentence was not supported by the evidence presented
- The punishment exceeded the legal maximum for the offense
For example, if the trial court failed to explain the reasoning behind a prison sentence or imposed terms inconsistent with Ohio’s sentencing statutes, the defendant may have grounds for appeal.
When You Might Be Able to Challenge the Plea Itself
In some cases, the plea process may not have been appropriately handled. For a guilty plea to be valid, it must be made voluntarily, knowingly, and intelligently.
If a defendant wasn’t fully aware of the rights they were giving up, or if they received incorrect advice from their attorney, they may be able to withdraw the plea and/or challenge it through an appeal.
Examples include:
- The court’s failure to explain the potential penalties
- A misunderstanding about parole eligibility and sentencing ranges
- Ineffective assistance of counsel that affected the decision to plead guilty
Courts review these situations carefully because overturning a plea affects the finality of the case. However, if there’s evidence that the plea was unfair and/or unconstitutional, the appellate court can potentially grant relief under certain circumstances.
Other Post-Conviction Remedies
Ohio law provides other options to challenge a conviction or sentence as well.
These include:
- Post-conviction petitions, which can raise new evidentiary and constitutional issues
- Motions to withdraw a guilty plea under Criminal Rule 32.1
- Applications for judicial release or sentence modification in limited circumstances
These remedies often have strict deadlines and procedural requirements, so acting quickly is critical if you believe one may apply to your case.
Contact the Dayton Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
Appealing a case after pleading guilty is complicated, but not impossible. The process requires identifying specific legal errors and presenting strong arguments to the appellate court.
If you believe your rights were violated or that your sentence was imposed unlawfully, Suhre & Associates DUI and Criminal Defense Lawyers is here to help. Our experienced Dayton criminal defense attorneys will fight to protect your rights. Contact us today to schedule a free consultation to review your options.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435
