Can You Withdraw a Plea?

In a criminal defense case, it is not uncommon for the defendant to wonder if they are able to withdraw a plea. Likely, they pled guilty for a reason that made it easier (so they thought) in the long run. After making that decision to plead guilty though, many often regret the decision and wish to withdraw the plea. This is when the question comes up, “Can I actually withdraw a guilty plea?” If you are in this situation, there is hope to withdraw your plea, depending on the circumstances.

Time is of the Essence when it comes to withdrawing a plea. If you pled guilty as a defendant and now wish to withdraw the plea, it is possible to do so as long as the judge has not yet accepted your initial plea. In some cases though, plea deals require the defendant to waive the right to appeal, making it much more difficult to get out of the plea deal.

In certain cases, it may actually be easier than one would think to withdraw a plea. If the defendant was, for instance, under the influence of drugs or alcohol – meaning that they did not intelligently plead guilty – it may be easy to withdraw the guilty plea. If the defendant appears to have a viable chance at trial, the guilty plea may also be withdrawn. If the defendant was denied a constitutional right, such as that of the right to counsel, they may see a chance to withdraw the plea. Lastly, if new evidence surfaces (more common in bigger cases) like DNA evidence, the defendant may be able to withdraw their plea as well.

If you pled guilty to a crime and now want to withdraw your plea, consulting with experienced criminal lawyer John Tumelty, who has years of experience in the field, can seriously heighten your chances of successfully withdrawing your guilty plea. Contact him today to schedule a free consultation.