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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 543
Experience:  Attorney and Counselor at Law
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Once I offer my plea, can I change it later?

Customer Question

Once I offer my plea, can I change it later?
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 7 months ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 7 months ago.

Under Florida law RULE 3.170. PLEAS , you can withdraw your plea, however, it is up to the judge's discretion if he or she finds "good cause." Here is what the law says:

(f) Withdrawal of Plea of Guilty or No Contest. The court may in
its discretion, and shall on good cause, at any time before a sentence, permit a
plea of guilty or no contest to be withdrawn and, if judgment of conviction has
been entered thereon, set aside the judgment and allow a plea of not guilty, or,
with the consent of the prosecuting attorney, allow a plea of guilty or no contest
of a lesser included offense, or of a lesser degree of the offense charged, to be
substituted for the plea of guilty or no contest. The fact that a defendant may
have entered a plea of guilty or no contest and later withdrawn the plea may not
be used against the defendant in a trial of that cause.

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