Can you withdraw guilty pleas for this reason?

[jessisever]

We live in Minnesota and my son is 17 years old. He was charged with three charges: allowing open bottle in a motor vehicle, possession of marijuana, and a drug paraphernalia charge.

On his first court appearance, he was given a court appointed lawyer who had about five minutes tops with his. The lawyer advised him and us as parents that he should plead guilty to all three charges right away today, because the state missed a felony charge and this would be found between this court date and the next, hence, he would avoid the felony charge.

My son did plead guilty to all three charges that day and after court I talked to the prosecutor, who informed us that the marijuana in his car weighed just short of a felony charge, and, therefore, the felony charge had been dropped to the possession of marijuana charge.

Can and we and should we ask that these guilty charges be withdrawn? and if we do, should we or do we have to also ask for new counsel on my son's behalf?

 

[stealth2]

We live in Minnesota and my son is 17 years old. He was charged with three charges: allowing open bottle in a motor vehicle, possession of marijuana, and a drug paraphernalia charge.

On his first court appearance, he was given a court appointed lawyer who had about five minutes tops with his. The lawyer advised him and us as parents that he should plead guilty to all three charges right away today, because the state missed a felony charge and this would be found between this court date and the next, hence, he would avoid the felony charge.

My son did plead guilty to all three charges that day and after court I talked to the prosecutor, who informed us that the marijuana in his car weighed just short of a felony charge, and, therefore, the felony charge had been dropped to the possession of marijuana charge.

Can and we and should we ask that these guilty charges be withdrawn? and if we do, should we or do we have to also ask for new counsel on my son's behalf?

So... wait... Your son HAD booze in the car. He HAD pot in the car. He HAD drug paraphernalia in the car. But because the pot was a little less than is considered a felony, you think he should get off? Maybe, just maybe, he needs to deal with the consequences of his stupidity NOW, while he is still a minor. Novel thought, I know.

 

[BOR]

Can and we and should we ask that these guilty charges be withdrawn? and if we do, should we or do we have to also ask for new counsel on my son's behalf?

If he was tried as an adult, the Rules of Criminal Procedure state this:

Rule 15.05 Plea Withdrawal

Subd. 1. To Correct Manifest Injustice. The court shall allow a defendant to withdraw a plea of guilty upon a timely motion and proof to the satisfaction of the court that withdrawal is necessary to correct a manifest injustice. Such a motion is not barred solely because it is made after sentence. If a defendant is allowed to withdraw a plea after sentence, the court shall set aside the judgment and the plea.

Subd. 2. Before Sentence. In its discretion the court may also allow the defendant to withdraw a plea at any time before sentence if it is fair and just to do so, giving due consideration to the reasons advanced by the defendant in support of the motion and any prejudice the granting of the motion would cause the prosecution by reason of actions taken in reliance upon the defendant's plea.

Subd. 3. Withdrawal of Guilty Plea Without Asserting Innocence. The defendant may move to withdraw a plea of guilty without an assertion of not guilty of the charge to which the plea was entered.


If he was tried as a Juvenile, the Rules of Juvenile Procedure also permit a guilty plea to be withdrawn, BUT, such is only granted as stated, unless granted there would be a manifest injustice, meaning basically highly prejudicial, etc.

 

[jessisever]

So... wait... Your son HAD booze in the car. He HAD pot in the car. He HAD drug paraphernalia in the car. But because the pot was a little less than is considered a felony, you think he should get off? Maybe, just maybe, he needs to deal with the consequences of his stupidity NOW, while he is still a minor. Novel thought, I know.

Stealth2 - I have seen your other posts, and it seems you are on here to pass judgement and not give legal advise. Are you that bored? (Novel thought, I know). Why don't you go to a parental chat line, as this seems to be your self-deemed expertise. Not that is any of your business, but he has since put himself in treatment and NOW I will stick up for him, whereas before I wouldn't have. I wasn't aware I had to explain our family circumstances, as I didn't think anyone really cared about one's personal life.

 

[stealth2]

Stealth2 - I have seen your other posts, and it seems you are on here to pass judgement and not give legal advise. Are you that bored? (Novel thought, I know). Why don't you go to a parental chat line, as this seems to be your self-deemed expertise. Not that is any of your business, but he has since put himself in treatment and NOW I will stick up for him, whereas before I wouldn't have. I wasn't aware I had to explain our family circumstances, as I didn't think anyone really cared about one's personal life.

Sweetheart - your kid is in trouble. He needs help. I have two teens of my own. And maybe you've seen a few of my posts, but not all. But hey - go ahead and enable your kid.

 

[BOR]

Sweetheart - your kid is in trouble. He needs help. I have two teens of my own. And maybe you've seen a few of my posts, but not all. But hey - go ahead and enable your kid.

Asking if it was legal to apply to withdraw a guilty plea is not a sign of not accepting responsibilty, the charge is still active once a new plea is entered.

Just because it was on the advice of a lawyer does not mean it was sound legally.