Criminal Law Questions? Ask a Criminal Lawyer.
Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.
I see you posted "withdraw a guilty plea". Could you explain the situation a little more and clarify what your question is?
I have been charged by the 1st DUI on the 15th october after accepted a guilty plea
Thanks for that information. How long ago did you plea? Have you already been sentenced?
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
am immigrant who doesnt know that much about the const rights, nor the guilty plea
Did you see my question?
How long ago did you plea? Have you already been sentenced?
what do you mean by sentence?
it was on 15th
before the judge
After you plead guilty, a Judge gives you your sentence. Your punishment for the crime.
i did sign all the paper work
i thaught i will be able to appeal
i just knew that it wont be allowed
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.
do you mean there is no any chance to withdraw it?
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.
So, no, there is not much of a chance at success.
does it make difference before i return the paperwork signed?
That may help some, but you still entered your plea in court and the Judge accepted it.
You would still have to hire a good attorney to make an argument that you did not understand.
should be accepted 1st and then the hearing?
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
I don't understand what you're asking
Could you clarify it?
u said filing the motion, and then the judge should accept the argument
should he/she accept the motion 1st?
and then to set appointment for the hearing?
The motion is filed, and then there is a hearing set for your lawyer to argue the motion.
At the hearing the Judge accepts the motion or denies it.
ok, should i be available for this hearing?
i mean physically
Yes, you would have to be there for the hearing.
I wish you the best of luck.
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
am a green card holder
Unfortunately, I'm not qualified to answer border issue questions.
i granted u 5 stars Mr. Micheal J
I appreciate it!
Don't forget to rate me!
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