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Bappelman
Bappelman, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 313
Experience:  Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
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can I change my plead from guilty to not guilty due to miss

Resolved Question:

can I change my plead from guilty to not guilty due to miss representation
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Bappelman replied 7 years ago.
Hello,

It really depends on where you are currently at in the legal process.

If you have not yet plead Guilty to the judge and been sentenced then you probably still can change your plea to Not Guilty.

If you have already plead Guilty and been sentenced, then you must file an Appeal. There are time limits for filing an appeal, normally within about 30 days from when you were sentenced.

In your appeal you need to list every reason you have for asking the court to overturn your plea and let you now plead Not Guilty. You said that you feel that something was misrepresented to you, and that this misrepresentation caused you to plead guilty? Make sure that you include every tiny detail about that misrepresentation: who said it, what you thought it meant, how it made you decide to plead Guilty, and how exactly is was misleading you.

This appeal must be in writing and given to the court as well as the prosecutor who had your case originally.

I would suggest that you get a lawyer to help you with this. If your lawyer was the one who misrepresented to you, then you need to hire a new lawyer to help you with this appeal.

Good Luck!
Customer: replied 7 years ago.
I dont think you understand my question I pleaded guilty but I havent been sentensed the judge give my lawywer a diffrent court date because he felt that he wasent during what was best for me so, can i file a motion to supress my guilty plead due to miss representation
Expert:  Bappelman replied 7 years ago.
Thanks for the reply.

So you have already plead Guilty, but the judge put off your sentencing until a new date in the future. And you believe that the judge does not think that your lawyer is doing a proper job defending you. Is that correct?

If you have already plead Guilty, but have not yet been sentenced, it may be possible for you to request to the judge that you "Withdraw" your Guilty plea, and to enter a new plea of Not Guilty.

This all depends on if the judge "Found you Guilty and accepted your Guilty plea" at the time you plead Guilty. Some judges will make this finding when you plead, other judges will hold off on this until the actual sentencing date.

So, if the judge did not yet find you Guilty, you should still be able to request to withdraw your Guilty plea and to enter a new plea of Not Guilty.

If he already Found you Guilty, then you would have to go through the appeals process that I spoke about before.

I hope that this better answers your question.

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