Applying for Jobs with a Criminal Record: Know Your Rights

How To Withdraw A Guilty Plea

10 September 2015

Michelle Garrett

If you recently pleaded guilty to a crime, it might not be too late if you have changed your mind or your lawyer believes that wasn't the right option. There are many reasons someone pleads guilty, whether due to fear of the unknown to an overwhelming feeling of stress over the arresting process. Here is more information about whether or not you can withdraw your plea.

Withdraw Before Being Sentenced

While in some rare cases, you might be able to withdraw your plea after being sentenced, it is much more difficult. If you have changed your mind about what plea you want to enter with the court and a judge has not sentenced you for the crime yet, you have a better chance at accomplishing it. Speak to a criminal attorney as soon as you have decided to plead not guilty. In some cases, the guilty plea was done in order to get a lesser charge or other plea deal. If you haven't been sentenced, it means the plea deal has not yet been accepted by the judge. In this case, there is still a chance to change your strategy.

Handling the Plea After Sentencing

Unfortunately, it is not always possible to withdraw your plea before you were sentenced by a judge. While it is more difficult, it isn't impossible to withdraw a guilty plea if you were already sentenced. However, it can't just appear as if you want to plead not guilty because you weren't happy with the amount of jail time or fines you were sentenced to. You must be able to prove that some type of injustice occurred, which led to you originally pleading guilty. Fr example, if the officers that arrested you did not behave according to the law, or while you were making the plea, someone can attest to you being harassed into entering a guilty plea, the judge might approve it. Speak to your lawyer about what occurred to see if they can come up with the right evidence.

When Judges Allow the Plea Withdrawal

Judges have their own reasons for when they will approve or deny the request to withdraw your original plea. If you pleaded guilty and any of the following situations apply, you have a better chance at it being approved:

• You were not granted a right to legal counsel
• You were harassed into entering a guilty plea
• Your lawyer entered the plea without your consent
• You gave a plea while under the influence of drugs or alcohol
• You have a psychological condition that kept you from entering an honest plea
• You weren't aware of the consequences when making your plea deal
• You have new evidence to prove you were not guilty

If you believe you have a shot at changing your plea, contact a criminal attorney law firm such as Kaiser Law Group.

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