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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4497
Experience:  Almost 12 years of legal experience, primarily in criminal law
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If my friend has already copped her plea and been sentenced

Resolved Question:

If my friend has already copped her plea and been sentenced even though she is 100% innocent but her public defender told her it was her best option - can she change her plea if she still has 3 to 4 weeks before she must report to a 90 day sentence in jail. I feel in my heart that there MUST be another avenue or approach with the retention of a REAL lawyer because we still believe in the system.

Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.

She can file a Motion to Withdraw Guilty Plea with the court and say that she was pressured into accepting the offer by her attorney. If she intends to retain a private attorney, she should do so as soon as possible so that the lawyer can file the motion on her behalf or at least argue the motion at a hearing. If she does request to withdraw her guilty plea and it is granted, she needs to be aware that the offer that the public defender negotiated for her will no longer be on the table (public defenders are real lawyers, by the way, and usually get the best deals for their clients from prosecutors like myself) and if she loses at trial, she will be subject to a higher penalty than what was offered for the plea. She just needs to know what the consequences will be before she makes a decision on whether to withdraw her plea.

If she does make the motion to withdraw her plea, she should file it as soon as possible so that the judge can hold a hearing on the motion prior to her turn in date.
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