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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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how do you withdraw a guilty plea in jail

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how do you withdraw a guilty plea in jail
Thank you for your question.

In order to try and withdraw a plea after sentencing, a person would have to file a motion to withdraw the plea. An individual trying to set aside their plea must be able to show that there is good cause to do so.

“Good cause” to set aside a guilty plea is shown when the defendant demonstrates that the plea was entered as the result of mistake, ignorance, inadvertence, or some other factor that demonstrates the defendant did not intend to accept the plea. For example, if a defendant was not told that their guilty plea carried a mandatory prison sentence, that could be considered good cause. Another example might be where the prosecutor withheld evidence that could have potentially changed the outcome of the case and the defendant was never made aware of such evidence.

In other words, a person could not simply ask the court to set aside their sentence and change their plea because they were unhappy with the sentence they received.
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