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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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A friend was sentenced yesterday on Simple Assault charges

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A friend was sentenced yesterday on Simple Assault charges against a minor. Her public defender had originally filed a Motion to Suppress her confession, and after that had been filed, the prosecution offered a plea deal. The public defender then said that even if they won the Motion to Suppress, they still might lose at trial. So the public defender said taking the plea deal would be the best option. My friend was given a couple days to think about it, and decided she wanted to go ahead with the Motion to Suppress. Her attorney said it would just be better to accept the plea deal, and get this all over with. My friend was frustrated, and assumed she would lose anyways as that's how it had been portrayed to her. So she accepted the plea deal. Is there any way to file a motion to reconsider, or withdraw the plea deal even though the judge signed it?
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

As long as your friend has not been sentenced for the offense, it is possible to withdraw the plea. In order to withdraw a guilty plea, an individual must file a motion to vacate the plea.

Whether or not the motion will be granted is solely up to the judge. If the motion to vacate a guilty plea is granted, it will not result in the charge being dismissed. Instead, the conviction will be vacated and the case restored to the court's calendar.

Usually, in order to successfully withdraw the plea, it must be shown that the plea was not voluntarily made or that the attorney didn't property inform the person of the consequences.

This, this is possible, but it is not guaranteed.
Customer: replied 4 years ago.

She was sentenced yesterday. However, she feels that she was pushed into it by her public defender.

She can still file a motion to withdraw the plea, but it is very difficult to get a judge to allow it to be withdrawn after sentencing. The reason is that if a court freely allowed plea withdrawals, defendants would take the plea, and if he/she didn't like the sentence, he/she could withdraw the plea and take his/her chances at a trial.

Generally, a plea after sentencing is only allowed if there's some gross injustice, which is a high standard.

Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.


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