When Can You Withdraw a Guilty Plea in a Criminal Case?

Criminal proceedings are usually complex, and many people enter guilty pleas in the heat of the moment. A report by the National Registry of Exoneration indicates that a majority of convictions in the US are obtained via guilty pleas.

However, while guilty pleas greatly influence a court’s ruling, the circumstances around a case may change, prompting a reconsideration of a plea. This article looks at the various situations where you may be able to withdraw a guilty plea.

Before Sentencing

A plea withdrawal is likely to be successful if filed before the sentencing. The judge will consider requests to withdraw pleas as long as the defendant can prove their case.

In Case of New Evidence

If you discover new and consequential evidence relating to the case after entering the plea, you may have enough grounds for a withdrawal. Naturally, the evidence has to be compelling enough to make the judge reconsider their verdict. In most cases, the withdrawal of a plea after a verdict results in a retrial.

If the Plea Was Coerced

In some cases, the prosecution may be overly aggressive in getting a defendant to make a plea. Most guilty pleas entered due to coercion, threats, and outright lies by the prosecution can easily be declared invalid in court. However, the defendant has to prove that their plea was not consensual.

In Case of a Plea Deal Breach

A violation of the agreed plea deal by the prosecution can be valid grounds for the defendant to seek withdrawal. For instance, this can happen when the prosecution fails to drop the promised charges or seeks a harsher sentence than what was agreed upon. Nonetheless, for a judge to withdraw a plea on these grounds, you need to provide the original plea contract in written form, including the exact details of the breach.

Looking for Professional Assistance?

At The Williams Litigation Group, we understand the weight of a wrongly entered guilty plea. Our legal team is ready to help you navigate through the plea withdrawal process and any subsequent legal proceedings. Contact us today for a free consultation, and let us explore your options.