How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Michael J, Esq. Your Own Question

Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
18210975
Type Your Criminal Law Question Here...
Michael J, Esq. is online now
A new question is answered every 9 seconds

withdraw a guilty plea

Customer Question

withdraw a guilty plea
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 1 year ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.


 

Michael J, Esq. :

I see you posted "withdraw a guilty plea". Could you explain the situation a little more and clarify what your question is?


 

Customer:

I have been charged by the 1st DUI on the 15th october after accepted a guilty plea

Michael J, Esq. :

Thanks for that information. How long ago did you plea? Have you already been sentenced?


 

Customer:

and I believe I am innocnet, the lawyer asked to delay the trial to november, he wasnt ready, and the judge rejected his request and immediately he got me into the guilty plea without me understanding what was it about

Customer:

am immigrant who doesnt know that much about the const rights, nor the guilty plea


 

Michael J, Esq. :

Did you see my question?


 

Michael J, Esq. :

How long ago did you plea? Have you already been sentenced?


 

Customer:

what do you mean by sentence?


 

Customer:

it was on 15th

Customer:

october


 

Customer:

before the judge


 

Michael J, Esq. :

After you plead guilty, a Judge gives you your sentence. Your punishment for the crime.


 

Customer:

yes


 

Customer:

i did sign all the paper work


 

Customer:

i thaught i will be able to appeal


 

Customer:

i just knew that it wont be allowed


 

Michael J, Esq. :

Thank you. Unfortunately, you probably can't withdraw your plea. Once you have been explained the process and signed the paperwork, you are deemed to have entered the plea knowingly and voluntarily and its very hard to get out of it.


 

Customer:

do you mean there is no any chance to withdraw it?


 

Michael J, Esq. :

You can hire an attorney who can make a motion to the Judge for a withdrawal of the plea. He would have to allege that you didn't understand what was going on. Then, the Judge will make a decision. If the Judge explained the process to you in court and you signed away your rights, you will most likely lose.


 

Michael J, Esq. :

So, no, there is not much of a chance at success.


 

Michael J, Esq. :

I'm sorry.


 

Customer:

does it make difference before i return the paperwork signed?


 

Michael J, Esq. :

That may help some, but you still entered your plea in court and the Judge accepted it.


 

Michael J, Esq. :

You would still have to hire a good attorney to make an argument that you did not understand.


 

Customer:

should be accepted 1st and then the hearing?


 

Michael J, Esq. :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael


 

Michael J, Esq. :

I don't understand what you're asking


 

Michael J, Esq. :

Could you clarify it?


 

Customer:

u said filing the motion, and then the judge should accept the argument


 

Customer:

should he/she accept the motion 1st?


 

Customer:

and then to set appointment for the hearing?


 

Michael J, Esq. :

The motion is filed, and then there is a hearing set for your lawyer to argue the motion.


 

Michael J, Esq. :

At the hearing the Judge accepts the motion or denies it.


 

Customer:

ok, should i be available for this hearing?


 

Customer:

i mean physically


 

Michael J, Esq. :

Yes, you would have to be there for the hearing.


 

Customer:

thank you


 

Michael J, Esq. :

No problem!


 

Michael J, Esq. :

I wish you the best of luck.


 

Customer:

if i have a permission from the Probation case manager to leave the country, will I still have problems at the entery port when I come back, after paying all the fees


 

Customer:

am a green card holder


 

Michael J, Esq. :

Unfortunately, I'm not qualified to answer border issue questions.


 

Michael J, Esq. :

Sorry!


 

Customer:

ok


 

Customer:

no problem


 

Customer:

i granted u 5 stars Mr. Micheal J


 

Michael J, Esq. :

I appreciate it!


 

Michael J, Esq. :

Don't forget to rate me!


 

Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Michael J, Esq. and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.