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 Roger Your Own Question
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31564
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Criminal Law Question Here...
Roger is online now
A new question is answered every 9 seconds

If a defendant is cohersed into pleading guilty in order to

This answer was rated:

If a defendant is cohersed into pleading guilty in order to qualify for drug court can he later change his plea to not guilty to the charges and ask for a jury trial ? He failed drug court and is now facing 5 to 10

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

Kirk Adams :

Has the defendant already been sentenced (I assume this is the case given your post, but I want to make sure)? Thanks.

Customer:

no he is going to be sentenced on June 7 2013.

Kirk Adams :

Ok. Bear with me just a moment.

Customer:

But I was wondering if the court gives him a new PD, can they go for a trial by jury

Kirk Adams :

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

Kirk Adams :

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.

Kirk Adams :

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can PROVE with evidence the allegation that he was coersed into taking a plea, the court CAN allow the plea to be withdrawn.

Kirk Adams :

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 That new attorney could try to get the plea withdrawn, and if the lawyer does, then the defendant could opt for a trial by jury.

Customer:

thank you very much for your input

Kirk Adams :

No problem. Glad to help!

Kirk Adams :

Please let me know if you have any other questions.

Roger and 3 other Criminal Law Specialists are ready to help you