Criminal Law Questions? Ask a Criminal Lawyer.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
Has the defendant already been sentenced (I assume this is the case given your post, but I want to make sure)? Thanks.
no he is going to be sentenced on June 7 2013.
Ok. Bear with me just a moment.
But I was wondering if the court gives him a new PD, can they go for a trial by jury
This issue is governed by Rule 11 of New Hampshire's Rules of Criminal Procedure: http://www.courts.state.nh.us/rules/criminal-rules/crimpro-11.htm
It is very difficult for a defendant to withdraw a guilty plea after it has been made because the defendant states on the record that he/she intelligently and voluntarily entered a plea of guilty. Generally, one must prove with clear and convincing evidence that the orginal plea of guilty was not intelligent and voluntary. This is a high standard of proof, but it has been overcome in the past on some occasions.
Thus, if the defendant can PROVE with evidence the allegation that he was coersed into taking a plea, the court CAN allow the plea to be withdrawn.
If the defendant claims his attorney did something to coerse him into entering a plea, then the judge could assign a new public defender to the case. That new attorney could try to get the plea withdrawn, and if the lawyer does, then the defendant could opt for a trial by jury.
thank you very much for your input
No problem. Glad to help!
Please let me know if you have any other questions.