Legal Question in Criminal Law in Michigan

Do a person have the right to withdraw from plea before sentencing, if so what time frame and forms, and grounds to do so. Thank very much!


Asked on 1/13/10, 10:06 am

3 Answers from Attorneys

Your lawyer might be able to file the proper motion to ask the judge to allow you to withdraw your plea. You can read more about criminal procedure in Michigan at:

www.AggressiveCriminalDefense.com

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Answered on 1/18/10, 10:14 am
William Morrison Action Defense Center

Well, if you pled guilty without a lawyer, you might have a chance if you can come up with a real good reason. Just remember the judge read you all your rights and made sure that your plea was freely and voluntarily given and that no one had threatened you to make the plea and you said "Yes" to all those questions.

"Uhhh..Judge, I wasn't payin' attention when you was doin' all that talkin'" is NOT a good reason.

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Answered on 1/18/10, 10:50 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Courts are supposed to grants pre-sentencing requests to withdraw pleas with great liberality ... requests made after the sentencing are much harder. But even with pre-sentencing requests, the court will still want to know why you are doing so when you were advised of many rights and waived them at the plea hearing, and then told the court under oath what you did that makes you guilty, etc. Claiming that you have a viable argument that you are not guilty of the crime may be accepted by the judge. But, other reasons like "I saw my pre-sentence report and don't like the sentence recommendation by the probation officer" are NOT going to be good enough. Why ARE you now wanting to withdraw your plea (you don't say in your question .... so it's next to impossible to get a detailed-enough answer here that can guide you)? Have you consulted with a criminal defense attorney about the case, allowed the attorney to review the police report and your criminal record, etc?

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Answered on 1/20/10, 7:36 am


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