QUESTION
is it possible to withdraw open guilty plea if not yet sentenced?
Asked on Feb 28th, 2013 on Drug Crimes - Missouri
More details to this question:
i plead guilty to a class b felony cocaine distribution charge yesterday with no plea bargain. i live 35 miles away from the county and was not eligible for drug court because of it. i have made hundreds of calls to my public defender the last 7 months with not one response. i see her outside the courtroom and she tells me what is going to happen. i am 23 years old, married with 3 kids, have a steady job, and dont do drugs. this case is from almost 5 years ago and im not that person anymore. this is my first offense. i was under the impression i would be eligible for drug court with an sis and felony probation, instead i was offered 5 years in prison so i took the open plea. now i could possibly be facing 5 to 15 years in doc. do you think i made the right choice or is there any way to withdraw my plea? also if i kept with the open plea, would i still have a chance to lower my charge to possession instead and get the sis that i wanted?
1 ANSWER
General Practice Attorney serving Columbia, MO
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Eng & Woods
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Your public defender could still argue for the SIS at sentencing. If you don't live in the county of sentencing, then you would not be eligible for their drug court. Being in the drug court program would make it more likely that you would receive the SIS from the judge. I don't know enough facts of the case, nor your background, or judge to tell you that you would or would not get the SIS. If you keep your open plea, they will not lower to possession. You have already plead guilty to distribution. At this point, the judge would let you withdraw the plea most likely. After sentencing you would not have a chance to withdraw the plea if the judge did something you didn't like.
Thanks,
Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com
This answer does not create an attorney/client relationship.
Answered on Feb 28th, 2013 at 4:09 PM