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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115462
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What do I need to do to prepare for a plea withdrawal hearing?

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What do I need to do to prepare for a plea withdrawal hearing? I'm Pro Per and you've helped me before. This motion is out of time.
You need to have first and foremost proof of your grounds for filing out of time and be prepared to present that evidence first. Once you present that evidence, then you present the evidence of how your counsel was ineffective. If you cannot convince them that your grounds for filing out of time are good cause, you will lose the motion, so that is the most important part of your case.


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Customer: replied 5 years ago.
Well, then should I supoena witnesses? I first learned of the malpractice from another attorney. Should I supoena her? She won't be happy since she knows the guy. Also should I supoena my former attorney?
Yes, you need to subpoena the witness. If you are claiming malpractice, then you must have an expert testify to that malpractice.
Customer: replied 5 years ago.
An expert? I've only had 15 days notice of this thing. I had no idea. I thought the judge was going to question me. Is there a time limit on sending someone a supoena to be a witness? What if the lawyer has to be in court on one of her cases?
The attorney you mentioned would be your expert witness. If they cannot attend, as it is a motion hearing you can seek to have the court accept an affidavit from the attorney.
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