Legal Question in Criminal Law in Michigan

A motion to withdraw plea can be filed with the court and notice for hearing. While courts are more likely to grant the request before sentencing than after sentencing, the reasons for the request are obviously the most important issue. The court is not required to grant the motion. The court "may" do so if withdrawal of the plea (i) is in the interests of justice and (ii) it would not substantially prejudice the prosecution due to its reliance on the entry of the plea. Interests of justice focuses on things like a claim of actual innocence or a valid defense to the charge ... not "I changed my mind" or "I was rushed into the plea by my attorney". The plea hearing transcript (what the judge asked you and what you said to the judge) may be looked at and may work against you: if you told the judge then that no one forced you to plead then your claim now that you were hurried/forced may not be very persuasive to the judge.

It is easier to withdraw your plea before being sentenced as opposed to after. However, "easier" does not mean "easy." You will need a valid legal reason other than "buyer's remorse" or "I changed my mind." You will also have to show that the prosecutor has not been prejudiced by relying on your plea. Only an experienced criminal defense attorney can tell you whether you can and should withdraw your plea after reviewing your case and plea transcripts to see if there are any grounds. Even if you can withdraw your plea, there may be reasons why you would not want to. Consult with a local criminal defense attorney before making your decision.