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Withdraw Guilty Plea?

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mrjackrussell

Junior Member
What is the name of your state? Pennsylvania
Recently, I pled guilty to a misdemeanor crime that I didn't commit. It is an M1 indecent assault charge, that my lawyer pretty much convinced me to plea to, which was MAINLY due to my inability to pay him for trial at that time. However, there are two key things here: 1. I am absolutely innocent of the charge 2. I have come into some money to pay an attorney for trial.

I want to withdraw this plea and go full force to trial. I am currently looking at 12 - 36 months in prison for something I didn't do. HELP!!
 


calatty

Senior Member
If you were unable to pay him, then you would have qualified for a public defender. You should not have pled guilty if you were absolutely innocent. The grounds for withdrawing a plea are very limited, like fraud, misadvisement regarding consequences etc. Buyer's remorse is not one of them.
 

HappyHusband

Senior Member
mrjackrussell said:
What is the name of your state? Pennsylvania
Recently, I pled guilty to a misdemeanor crime that I didn't commit. It is an M1 indecent assault charge, that my lawyer pretty much convinced me to plea to, which was MAINLY due to my inability to pay him for trial at that time. However, there are two key things here: 1. I am absolutely innocent of the charge 2. I have come into some money to pay an attorney for trial.

I want to withdraw this plea and go full force to trial. I am currently looking at 12 - 36 months in prison for something I didn't do. HELP!!
Your old lawyer or your new lawyer should be able to help you on this.

This may sound like a crazy idea, but, give one of them a call and tell them what you want to do.
 

Heather2

Member
Did you take a plea bargin? If so then there is no way to withdraw your plea unless it is proved you had an incompetant lawyer.
 

seniorjudge

Senior Member
mrjackrussell said:
What is the name of your state? Pennsylvania
Recently, I pled guilty to a misdemeanor crime that I didn't commit. It is an M1 indecent assault charge, that my lawyer pretty much convinced me to plea to, which was MAINLY due to my inability to pay him for trial at that time. However, there are two key things here: 1. I am absolutely innocent of the charge 2. I have come into some money to pay an attorney for trial.

I want to withdraw this plea and go full force to trial. I am currently looking at 12 - 36 months in prison for something I didn't do. HELP!!
If you withdraw your guilty plea, you will have to say that you lied under oath.
 

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