Legal Question in Criminal Law in Alabama

I have 30 days to retract my plea agreement. what kind of motion do i file?

Asked on 9/29/10, 7:23 am

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

If you are trying to back out of a plea agreement, you would file a Motion to Withdraw Guilty Plea. This needs to be a verified motion, which means you will want to sign an affidavit with it or at least have the motion notarized as your sworn statement.

To withdraw a guilty plea, your motion will need to explain the reasons why you should be allowed to withdraw your guilty. You will need more than just that you changed your mind. You need to allege facts that demonstrate that not allowing you to withdraw the guilty plea constitute a "manifest injustice." It is impossible for me to be more specific about what the motion needs to say without knowing more about the case.

If you are considering trying to withdraw a guilty plea, I would strongly recommend that you go see an experienced criminal defense attorney to represent you. You are not likely to win the motion without the assistance of an attorney, and if you do win you will need an attorney to represent you when the case goes to trial. Either way, go see a lawyer who knows how to handle a proceeding like this to make sure you do it correctly.

Good luck, and if I can be of assistance please give me a call at (800) 737-3702 Ext. 1, or send me a message by email.

William L. Pfeifer, Jr.

Attorney at Law

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Answered on 10/05/10, 7:12 pm

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