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CAN I WITHDRAW MY PLEA AFTER I SIGNED THE DEAL BUT HAVE NOT BEEN SENTENCED YET?

  • Thread starter Thread starter BADRAP
  • Start date Start date

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B

BADRAP

Guest
Im in california & i am cought up in this feloney drug case. To make a long story short I was sick with the flu the day i signed the deal(ended up going to the hospital two days later because i thought it was pneumonia.) i was the hold out last one of 3 people involved to sign. BUT i felt very much pressured to sign the plea. Im not guilty & want to retract my plea. What are the odds this can be done? im told it can...

thank you for your time

[This message has been edited by BADRAP (edited April 24, 2000).]
 


T

Tracey

Guest
You will have to argue that your illness prevented you from knowingly, voluntarily, and intelligently pleading guilty. You'll need expert witnesses, others who saw you in court or very soon before or after pleading. The judge will think back to the plea and decide if you were incompetant to plead guilty. Keep in mind, if you didn't look bad enough to cause the judge to inquire into your health, the judge will likely not find you incompetant now.

You can also argue that your plea was involuntary because you felt pressured. However, it is extremely hard to prove that you were pressured. You have to prove that the state or some outside person pressured you. Feeling pressured by the situation or by having few choices, none of which you like, is not sufficient grounds to withdraw a gp. The one thing you have going for you is that you haven't been sentenced yet. It's a little easier to withdraw a plea before sentencing.

Allowing withdrawal is largely a matter of judicial discretion. If the judge denies your motion, you won't win on appeal.

It's a longshot, but it may be your only shot, so go ahead and try. Just don't get your hopes up. It will be expensive.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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