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Can I reopen a criminal case after pleading guilty?
Anonymous4 views5 answers
Hello my name Ms. Latimore. I wanted to know if it was possible to reopen a criminal case after pleading guilty. I am still on probation I plead guilty to aggravated battery and resisting arrest no violence. This is my first offense, and I feel as though I was given the wrong information by my attorney. The reason that I plead guilty to aggravated battery and resisting arrest no violence is because my attorney told me I can get them expunged. After educating myself on the matter I realized this isn’t true. What opinions do I have now?
It is possible to withdraw your plea because you entered into it based on incorrect advise thereby rendering the plea not knowingly. Consult with a post conviction relief attorney.
www.colleenglenn.com
It is possible to withdraw a plea based on flawed advice, but the process is complex, and tricky. If you are successful, the charge does not disappear--you still have to consider a potential trial and conviction by a judge or jury. You should consult with an experienced post conviction lawyer and weigh all the options. Do not delay. There may be time limits that will affect your rights. Good luck.
You have 30 days to file a motion to withdraw your plea unless you were ill advised. If you were given bad advice by your attorney and wish to withdraw your plea, you will need to hire new counsel and file a motion or a motion for post-conviction relief.
Maybe. Depends first on how long ago the sentencing took place. If within the last 30 days, it is easier, but still difficult and complicated. You will need to find a new attorney and get on it quick.
If it's more than 30 days since sentencing, there is less likelihood of success, but it can be done. It is a long and drawn out process and requires you to file a motion alleging ineffective assistance of counsel. You would be best served to consult with a competent post-conviction attorney or two. If you are successful in withdrawing your plea, you must remember you are right back where you started after your arrest, with the same possible consequences, which, in your case, may include a prison sentence if you lose. Good luck.
