Motion to Withdraw a Guilty Plea

Motion to Withdraw a Guilty Plea

It is not uncommon for a defendant to plead guilty to a crime and then prior to sentencing, change his mind and want a trial. Your defense attorney can file a motion with the court requesting that your guilty plea be withdrawn. However, there are only certain circumstances in which a judge will grant that motion. The circumstances must amount to “good cause,” which include the plea being entered as a result of mistake or ignorance. A guilty plea may be withdrawn because a defendant wasn’t advised of her constitutional rights or she wasn’t advised of the consequences of her plea.

The motion to withdraw a guilty plea must be made prior to sentencing. If a defendant is granted probation, he has up to six months to file a motion to withdraw the plea.

A good criminal defense attorney can review the facts of your case as well as the facts surrounding the decision to enter a guilty plea, and advise you regarding the possibility of withdrawing your guilty plea.