Plea Withdrawal Motions: A Guide for Defendants

Entering a guilty plea is a major decision with huge consequences. While most defendants stick with their plea, some later have regrets and want a do-over. This article explains plea withdrawals—when they are allowed and how to request one.

What is a Plea Withdrawal?

A plea withdrawal, also called a plea change, is when a defendant takes back a guilty or no contest plea and enters a new plea, usually not guilty. This restores the original charges so the case can proceed to trial. Defendants can request plea withdrawals before or after sentencing. Rules vary by state, but reasons for plea withdrawals may include:

• The defendant did not understand the plea terms or consequences
• The defendant felt pressured to plead guilty
• New evidence has surfaced that helps the defense
• The defendant's lawyer provided ineffective assistance
• The plea bargain was not honored

Plea withdrawals are not automatic—judges must approve them. The standard for granting plea withdrawals depends on timing. Pre-sentence requests are often easier than post-sentence. Let's look at rules and procedures in more detail.

Pre-Sentence Plea Withdrawals

Most states allow defendants to request plea withdrawals at any time before sentencing. The request can be made orally at a hearing or through a written motion. The standard for pre-sentence plea withdrawals is "fair and just reason" . As long as the request is timely and the reason seems legitimate, judges will often grant it. They do not need to hold a full hearing or make findings on the record. Common reasons for pre-sentence plea withdrawals include :

• The defendant did not understand the charges or plea terms
• The defendant felt pressured by family, friends, or the lawyer
• The lawyer failed to investigate possible defenses
• New evidence or witnesses have been discovered
• The prosecution has not kept its end of the plea bargain

As long as the request seems reasonable and timing is proper, the judge will probably allow it. Pre-sentence plea withdrawals are meant to correct clear injustices, not just change a defendant's mind.

Post-Sentence Plea Withdrawals

After sentencing, plea withdrawals become much harder. Defendants must meet strict filing deadlines and show serious flaws in the original plea process. Rules for post-sentence plea withdrawals depend on the state. Many follow the federal standard in United States v. Hyde, which requires the defendant to show:

1. A flaw in the plea colloquy (formal questioning)
2. Ineffective assistance of counsel
3. Coercion by the prosecutor
4. The defendant's actual innocence

This sets a high bar. Vague regrets or buyer's remorse are not enough. The defendant must prove specific constitutional violations that made the plea invalid . Common post-sentence plea withdrawal claims include :

• The plea colloquy did not follow proper procedures
• The lawyer failed to investigate defenses or explain options
• The defendant did not understand the charges or plea terms
• New exculpatory evidence has been discovered

Judges view post-sentence plea withdrawals skeptically. They will hold evidentiary hearings and scrutinize claims closely. Solid proof is required, not just second thoughts.

How to Request a Plea Withdrawal

The first step is to consult your criminal defense lawyer, who can review your case and advise if plea withdrawal is possible. If you wish to proceed, here are key steps:

1. Meet filing deadlines - These vary by state but are usually strict for post-sentence motions.
2. File a written motion - Clearly state the reasons for withdrawing your plea and request a hearing. Include any supporting evidence.
3. Notify the prosecution - They must receive a copy of your motion to respond.
4. Attend the hearing - Be prepared to testify about your reasons for withdrawing your plea.
5. Get the judge's decision - If approved, your plea will be vacated and charges reinstated.

Sample motions are available through defense lawyers or online legal resources . Be sure to follow all local rules and procedures.

Key Takeaways

• Plea withdrawals are allowed before and after sentencing, but standards are stricter post-sentence.
• Reasons must be specific, such as lack of understanding or new evidence.
• Consult your lawyer, file a written motion, and be prepared to testify at a hearing.
• Provide solid proof to overcome judicial skepticism of plea withdrawals.

Withdrawing a guilty plea is difficult but possible in the right circumstances. This guide summarizes the rules and process. Consult experienced criminal defense counsel for help requesting a plea withdrawal in your specific case.

References

1. Withdrawing a Guilty Plea under Federal Rule of Criminal Procedure 32(e)
2. Plea Withdrawal Motions - Kraut Law Group
3. Motion to Withdraw a Plea | Strom Law Firm
4. Motion to Withdraw, Set Aside, and/or Vacate Plea and Judgment
5. Withdrawal of Pleas in Connecticut
6. Proposed Timing Requirements for the Common-Law Motion to Withdraw a Plea