QUESTION
Can I take a plea back if a legal aid provided wrong information?
Asked on Nov 23rd, 2013 on Criminal Law - Michigan
5 ANSWERS
Criminal Defense Attorney serving Oceanside, CA
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Law Offices of Michael Norton
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You can withdraw your plea under certain situations but you must file it within a certain time period. Contact a few local attorneys and see if your reason is a valid one and if you still have time to file the motion.
Answered on Nov 27th, 2013 at 9:13 AM
James Edward Smith
Up to Judge. Unlikely.
Answered on Nov 25th, 2013 at 12:07 PM
John J. Carney
That depends on what the information was and whether it would have likely made a difference in your accepting the plea offer. You should talk to an Avvo lawyer on the phone to get a second opinion. It is very hard to withdraw a plea without a good reason and it may not be a good idea to proceed to trial if you are guilty and the prosecutor can prove it.
Answered on Nov 25th, 2013 at 12:07 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is much easier to withdraw a plea before sentencing as opposed to after sentencing. You will have to raise some kind of issue other than you have second thoughts about the deal you took. If you were given wrong information or erroneous legal advice, that could be a good reason. You should file a motion or retain another lawyer to file a motion to withdraw your plea.
Answered on Nov 25th, 2013 at 12:07 PM
Aric Cramer
In Utah you have to file a Motion to withdraw the guilty plea BEFORE you are sentenced, otherwise you will have to use the appellate courts to resolve the issue.
Answered on Nov 25th, 2013 at 12:07 PM