Legal Question in Criminal Law in Wisconsin

i hired a lawyer for my case and i then decided to take a plea my lawyer told me that i could withdraw my plea anytime before the presentence investigation but ended up finding out that i could not what can be done? thank you

Asked on 10/08/09, 6:15 pm

1 Answer from Attorneys

Sandra Glodowski Law Office of Sandra Glodowski

Withdrawl of a plea is a matter in itself. In order to legally withdraw the plea, you must be able to prove that you did not knowingly and voluntarily enter into the plea, or that you were promised something in return for entering the plea. Typical procedure is that the judge asks you these questions in court prior to accepting your plea.

The PSI is simply part of procedure - typical, in most jurisdictions, in felony cases. The fact that a PSI has been done, in and of itself, is not a determining factor in the voluntariness and intent of your decision to enter a plea. From the wording of the question, you make it sound as though your decision to enter the plea may have had some contingency upon the outcome of the PSI.... You need to be careful in the legal realm.... Your attorney probably had other reasons to advise you to enter a plea - if this is what actually happened. It is hard to tell from a one sentence question......

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Answered on 10/13/09, 8:24 pm

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