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If a defendant is cohersed into pleading guilty in order to

qualify for drug court can...
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
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Answered in 8 minutes by:
6/3/2013
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,867
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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can PROVE with evidence the allegation that he was coersed into taking a plea, the court CAN allow the plea to be withdrawn.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 That new attorney could try to get the plea withdrawn, and if the lawyer does, then the defendant could opt for a trial by jury.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
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,867
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
Roger, Lawyer
Category: Criminal Law
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