QUESTION
Is there any way I can take my plea back?
Asked on Dec 15th, 2012 on Criminal Law - New York
More details to this question:
I plead guilty to a reduced sex crime under the advice of an attorney who was under the influence of drugs Percocet Zanax and who also lied to me influencing my decision he is now on his deathbed is there any way I can take my plea back?
8 ANSWERS
Gary Moore
Absolutely.
Answered on May 23rd, 2013 at 10:17 PM
1 Award
You can file an appeal based on "ineffective assistance of counsel." Getting bad advice from an attorney is one of the few ways you can appeal a guilty plea.
Answered on Dec 19th, 2012 at 5:46 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
It depends on how long ago your plea was. The longer the period that elapsed, the more difficult it becomes to set aside a plea. I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 18th, 2012 at 4:12 AM
Michael J. Breczinski
If you have not been sentenced yet, you can move to have the plea withdrawn but the judge has to decide that.
Answered on Dec 18th, 2012 at 4:12 AM
In Colorado, there is a procedure to challenge a guilty plea on grounds of ineffective assistance of counsel under Criminal Procedure Rule 35. However, there is a time limit. For misdemeanor convictions, the time limit is 18 months. For felonies, the time limits is 3 years.
Answered on Dec 18th, 2012 at 4:11 AM
If you received ineffective assistance of counsel you may have a right to withdraw your plea.
Answered on Dec 18th, 2012 at 4:10 AM
Commercial Attorney serving New York, NY
at
Aaron M. Goldsmith
Update Your Profile
Under a recent Supreme Court decision, plea bargaining is an element of "effective representation." If you truly feel that your attorney was not adequate in representing you, then there is a provision in New York that allows you to make a motion to withdraw your plea. However, it has risks associated with it that you should discuss with a new attorney. Best of luck.
Answered on Dec 18th, 2012 at 4:09 AM
Personal Injury Attorney serving New York, NY
at
Rothstein Law PLLC
Update Your Profile
You need to get a new attorney and make a motion to vacate the plea based on the ineffective assistance of counsel. Whether the attorney's medical condition effected his performance would have to be investigated. These are not easy motions to win but under the right set of facts they can be won. I suggest you hire a good criminal defense lawyer.
Answered on Dec 18th, 2012 at 4:07 AM