Legal Question in Criminal Law in Minnesota

can I take a retrial

I did not hurt anybody but was in a fight. I wielded a knife bu was struck in the face with a drinking glass first and sent to the hospital. I took a plea under bad advice by my lawyer for felony 2nd degree assault. I later found out after taking this plea that I never did hurt anyone and i know that I had no intent. Is there anything i can do to take this back to trial even if I was advised by a lawyer to give up my right to a fair trial? I feel it is wrong to be punished for this when the truth came out after I was charged.

Asked on 5/08/09, 8:52 pm

1 Answer from Attorneys

William Bulmer II Law Offices of William K. Bulmer II

Re: can I take a retrial

To get another chance at your case you would need to file a motion to withdraw your plea. Have you been sentenced yet or not? How you answer that question will largely dictate the difficulty you will face in getting your plea withdrawn.

If you received improper legal advice and you relied solely upon that advice to enter your plea, you may be successful in your motion.

You would benefit in speaking to an attorney in greater detail about your case. I would be happy to speak with you.


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Answered on 5/08/09, 9:48 pm

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