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If I take a plea bargine but judge give me 30 days to get…

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If I take a plea...
If I take a plea bargine but judge give me 30 days to get affairs in order and change my mind can I turn myself back in and ask for a trial
Submitted: 2 months ago.Category: Criminal Law
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Answered in 11 minutes by:
5/29/2018
Criminal Lawyer: James Daloisio, Lawyer replied 2 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 874
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

Depends. If you pled guilty and have already been sentenced and just have 30 days to surrender, or you've pled guilty and are returning for sentencing, it's not likely the judge is going to allow you to back out of the deal. The judge would have to vacate the sentencing order if one was made, which is not a big deal, and allow you withdraw your plea of guilty or no contest, which IS a big deal. There has to be a very good reason to allow that. It can happen, but you have to explain why it's necessary. It could be that you discovered new evidence; that you have a new attorney who advised you the plea deal was bad for you; that you misunderstood the law and that you have a defense. You just have to have a very good reason to withdraw a plea.

If you haven't yet entered your plea, that's a different story. You can change your mind any time. No one can force you to enter a guilty or no contest plea. You decide to do what is in your best interest.

Hope that answered your question. Please don't forget to rate this answer. You may always return here with follow up questions on t his topic at no additional charge. Thank you for using Just Answer.

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Customer reply replied 2 months ago
Found new evidence and now am going to hire new counsol and excepted guilty ask for a motion of discovery my lawyer said she had one and lied to me
Criminal Lawyer: James Daloisio, Lawyer replied 2 months ago

"New evidence" has to be something that was not known when you entered your plea.

If your lawyer knew about it, then it's not new evidence. But you may be able to withdraw your plea based on "Ineffective Assistance of Counsel."

Indiana Code Section 35-35-1-4 governs the withdrawal of pleas.

If you entered a plea of guilty, but have not yet been sentenced, the court may allow you to withdraw your plea "for any fair and just reason unless the state has been substantially prejudiced by reliance upon the defendant's plea."

If you have already been sentenced, then "the court shall vacate the judgment and allow the withdrawal whenever the convicted person proves that withdrawal is necessary to correct a manifest injustice."

In either case, a "manifest injustice" can occur if:

(1) the convicted person was denied the effective assistance of counsel;

(2) the plea was not entered or ratified by the convicted person;

(3) the plea was not knowingly and voluntarily made;

(4) the prosecuting attorney failed to abide by the terms of a plea agreement;  or

(5) the plea and judgment of conviction are void or voidable for any other reason.

So you have a good chance. Good luck.

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