I shouldn’t have plead guilty. What can I do about it? – Withdrawal of Plea

In a good majority of criminal cases, the defendant usually pleads guilty to the charges against them. This does not necessarily mean that they are admitting to guilt.

Defendants sometimes pleads guilty because they arrange some sort of deal with the prosecution and pleads guilty as part of that deal. In this type of situation, all involved parties win: the defendant has a lenient sentence and the prosecutor gets another conviction under his belt.

Other times, the defendant pleads guilty simply because they want to get it done and over with. This hasty approach sometimes means that the defendant pleads guilty without fully understanding the consequences of doing so.

If a defendant later regrets having plead, it is possible for them to withdraw their plea, or get a “do over.” Although it is possible to get a withdrawal, it is not that simple. The defendant needs to have valid legal grounds for making such a request. If the court finds that the defendant has “good cause” to withdraw their earlier plea, the court will grant it.

Courts have found “good cause” in cases where the defendant was not told that pleading guilty would have negative consequences on his immigration status. Pleas have also been withdrawn in situations where the prosecution did not keep their part of the bargain and broke the agreement.

If you have plead to a criminal matter, and you are kicking yourself over it, you will need the legal expertise of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys are resourceful and can help you through the process. Call us today at 888-749-0034. We will be there for you when you call.