Florida | Criminal Law
1/19/10, 3:13 pm
Legal Question
how long do I have to withdraw a guilty plea in a felony case?
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how long do I have to withdraw a guilty plea in a felony case?
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Read More Answered By: Joseph Vredevelt |
It depends. If you have not been sentenced yet, you can withdraw your plea any time up until the time of sentencing. If you have been sentenced,then you have a right to vacate the plea pretty much for any reason within 30 days. If you don't do it within the 30 days, you have up to two years if you can show that the plea was not done knowingly, intelligently, or voluntarily. Typically people argue that their lawyer was ineffective. All ways require a motion to be filed with the court and argued in front of the judge. If you need any help in drafting this motion or arguing it, please give my offices a call. 305.670.3119. All My Best, Joseph Vredevelt |
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Read More Answered By: Brent Rose |
You cannot withdraw a guilty plea as a matter of right. Once you plead guilty, that's it, you move on to sentencing. However, you may withdraw a guilty plea at any time with permission of the judge. But this permission is almost never given, so don't get your hopes up.
Your guilty plea can be vacated if you can prove it was not freely and voluntarily given. In other words, you can prove that you were forced into pleading guilty (because, for instance, someone told you they kill you if you didn't take the rap), or perhaps your lawyer was ineffective (the cause, for instance, your lawyer told you you could only get three years when instead the truth is that you could get 30 years). This is also very tough to prove, so again, don't get your hopes up. |
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