It is very difficult to undo a guilty plea that has already occurred, especially if it was 5 years ago, but it might be possible. The 'newly discovered evidence' you have (the recorded phone call) might be sufficient as a basis for withdrawing your previous guilty plea and putting the case back into a posture where a jury trial could be had - it will NOT lead to the case just being dismissed. I will add that getting the plea withdrawn (if possible) and then doing a jury trial will all be very expensive.
Answered on Sep 04th, 2020 at 7:17 AM