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How Do I Withdraw a Guilty Plea?


During your arraignment, one of the first stages of the criminal process, you will be asked to enter your plea. At this time, you may think that entering a guilty plea is in your best interests considering your case evidence, criminal history, and other related factors. 

However, many defendants go on to change their mind after entering a guilty plea, especially after the criminal trial moves forward. 

Here’s what you should know about withdrawing your guilty plea, when you can do so, how it may benefit you, and how to get experienced legal assistance after being charged with a crime. 

No matter what offense you’ve been arrested for, you deserve compassionate, zealous legal advocacy throughout every stage of your case. 

Plea Withdrawal: What Is It?  

A plea withdrawal occurs when a defendant requests that the court “take back” their guilty plea, as though they had not pled guilty to the offense they were charged with at all. This is only granted by a judge in some scenarios, such as: 

  • The defendant’s attorney submitted the guilty plea without the consent of their client 
  • The attorney or another outside party pressured or coerced the defendant to plead guilty 
  • New case evidence is found and entered into court 
  • The defendant could not be considered of sound mind when they entered their plea either due to intoxication or another reason  

Prior to Being Sentenced  

In cases where you’ve entered a plea but the judge hasn’t accepted it yet, there may still be time to withdraw it. However, be aware that prosecutors can also choose to withdraw any deals they’ve offered at this time. 

After Sentencing Takes Place 

Withdrawing a guilty plea after you are sentenced is significantly more difficult than doing so before sentencing. That said, it’s still doable under certain circumstances, namely one of the above mentioned. If you can clearly illustrate to the judge that you suffered an injustice or were denied a constitutional right that led to your decision to plead guilty, they may allow you to withdraw it after the fact. 

How a Los Angeles Criminal Defense Attorney Can Help You   

At the Lewin Law Group, we take all criminal matters seriously and strive to ensure that each of our clients obtain comprehensive, judgment-free, constitutionally-sound legal advocacy. Learn more about how we can help you navigate the complex Los Angeles criminal system and increase your chances of a favorable final verdict. Call now at (800) 458-1488.

By : Los Angeles Criminal Defense Lawyer Chad Lewin | August 15, 2021 | Criminal Defense
LosAngeles Criminal Defense Lawyer