Legal Question in Criminal Law in Michigan
change of plea of guilty
is itpossible to change my plea of guilty to not guilty? the pre-sentence investigation is over with.i am to be sentenced for domestic violence in one month
1 Answer from Attorneys
Re: change of plea of guilty
Between your plea and sentencing, the court rules allow you to request the court's permission to withdraw your plea, but it is not an automatic thing. You have to either allege that you are not truly guilty of the offense, or that there was a defect in the plea procedure (such as, you weren't advised by the court of the rights you were giving up, etc.).
Even those grounds are not always sufficient. When you get close to the sentencing date ... and especially after you become aware of what the likely sentence will be ... the courts rarely let defendants withdraw their pleas. Why? The reason for the request is more "buyer's remorse" than "Judge, I've now got proof that I'm really not guilty".
You should consult with an attorney AS SOON AS POSSIBLE who practices in criminal law, to advise you on what options you have.
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