Taking back a plea...

[samanthaafhs]

I won't get into details, they are not important. 2 years ago I was falsely arrested. Having been in jail I had no access to the documents and such I needed to prove my innocence. So I plead guilty to hurry home to my children, because the Da said he could wait on a trial for up to 6 months. It was clearly pressure because he knew they did not have a case.. Anyhow..

Now that I'm on probation, and I now have the means to all I need to prove my innocence, what are the steps I need to go through to withdrawal my plea bargain and prove my innocence?

 

[CdwJava]

I won't get into details, they are not important. 2 years ago I was falsely arrested. Having been in jail I had no access to the documents and such I needed to prove my innocence. So I plead guilty to hurry home to my children, because the Da said he could wait on a trial for up to 6 months. It was clearly pressure because he knew they did not have a case.. Anyhow..

Now that I'm on probation, and I now have the means to all I need to prove my innocence, what are the steps I need to go through to withdrawal my plea bargain and prove my innocence?

Hire an attorney and see if there is a way to do it. Good luck with that.

Since you have already told a court that you committed the offense and that you did so with full knowledge of the consequences, it will be hard to go back and say, "I lied to the court when i said I did it, but I'm telling the truth now." You have sort of built-in credibility issues.

But, speak to an attorney and see if there might be some angle to pursue to re-open the case. I doubt it, but you may have little to lose.

- Carl