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Motion To Withdraw A Plea Of Guilty To Citation

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blackfalcon

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I recently received a notice that my license was to be suspended because of the excessive number of points. I contact an officer at the NC DMV for a hearing, and the office reviewed my record over the phone and told me that I should "reopen" any of my older tickets and request a prayer for judgement and my suspension would no longer take place. I didn't realize I was eligable for a second PFJ, because I had one 3 years prior but he officer informed me that you are allowed 2 PFJ every 5 years in NC.

I went to the court clerks office today inquring as to filing a motion to withdraw a guilty plea, and the clerk was very unhelpful, and would not give me any direction in the matter. She just adamently informed me that I needed to hire an attorney to handle it for me.

I spent some time searching the NC Criminal Procedure online today, but couldn't find any information about what the motion needs to say.

Could anyone direct me where to look in this matter, or give me a sample motion. Any help or thoughts would be greatly appreciated.


Thanks
 
Last edited by a moderator:


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? North Carolina

I recently received a notice that my license was to be suspended because of the excessive number of points. I contact an officer at the NC DMV for a hearing, and the office reviewed my record over the phone and told me that I should "reopen" any of my older tickets and request a prayer for judgement and my suspension would no longer take place. I didn't realize I was eligable for a second PFJ, because I had one 3 years prior but he officer informed me that you are allowed 2 PFJ every 5 years in NC.

I went to the court clerks office today inquring as to filing a motion to withdraw a guilty plea, and the clerk was very unhelpful, and would not give me any direction in the matter. She just adamently informed me that I needed to hire an attorney to handle it for me.

I spent some time searching the NC Criminal Procedure online today, but couldn't find any information about what the motion needs to say.

Could anyone direct me where to look in this matter, or give me a sample motion. Any help or thoughts would be greatly appreciated.



Thanks
The clerk is not allowed to give legal advice. Hire an attorney.

And, I removed your email link.
 

blackfalcon

Junior Member
The clerk is not allowed to give legal advice. Hire an attorney.

And, I removed your email link.
Understood. That being said, many courts around the country will provide the sample form etc. that is needed to be filed with the court to accomplish what is being sought. Your reply about hiring an attorney so I can pay them a couple of hundred dollars to do something that simple is equally annoying.
 

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