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Can You Withdraw A Guilty Plea?

17 February 2015 by Richard Ramirez

When you are arrested and get to the point where you need to give your plea, it is often easier to simply plead guilty. There are many reasons why someone pleads guilty, then later regrets it, from not completely remembering the series of events, to being overwhelmed by the arrest itself. If you have given a guilty plea and regret it later on, you might be able to change your plea. Here is more information about withdrawing a guilty plea.

Have you been sentenced yet?

If you have not yet been sentenced, this is the time to talk to your lawyer about changing your plea. It is much easier to withdraw it before being sentenced, than afterward. This is because before you are sentenced, it hasn't yet been accepted by a judge. Also, judges realize before sentencing, some people get out of the deals they originally made when pleading guilty.

A judge may reject what the agreement was between lawyer and defendant, and that can change how the defendant pleads. In fact, it is easier to withdraw because a judge has denied your plea than it is if you simply change your mind before sentencing.

What if you are post-sentencing?

While you may still be able to withdraw your original guilty plea, but it can be a long and arduous process if the judge has already sentenced you. In most cases, the judge is only willing to let you take back your plea if you can prove some kind of injustice that occurred.

For example, if your lawyer finds evidence after your plea that the police officers who arrested you have been known to be corrupt, there may have been some injustice involved in your case, which may give you the right to withdraw your plea. In addition, the prosecution who no longer is in touch with their key witnesses will create a more difficult and stretched-out trial that the judge might want to avoid.

What are some reasons a judge would allow a plea withdrawal?

There are many reasons a judge might consider a withdrawal of your original guilty plea. They include:

• Your defense did not warn you about the consequences of your guilty plea deal
• You were under the influence of drugs or alcohol, or had a psychological challenge when making the plea
• Your lawyer pleaded guilty for you without getting your consent beforehand
• You may have a better chance at trial
• You were denied your right to legal counsel
• There is new evidence that shows you are not guilty
• The judge has had too many plea negotiations on their record
• You pleaded guilty due to threats from other parties

If you are in the middle of a criminal case and changed your mind about your plea, don't hesitate to speak to your lawyer and find out what can be done. Have more questions? Need more help? Contact a company like Larson, Latham, Huettl Attorneys with any questions you have.

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