Can you withdraw a plea because you were under duress?

Answer 1

I have pleaded guilty to a charge of 2nd degree commercial burglery but did not take anything or leave the store, I was arrested eating at the snack bar with my daughter and my niece, can I with draw my plea of guilty if I have not been sentenced yet.

Answer 2

If you made your plea on the basis of a deal and the deal was not kept, you might be able to appeal for misleading a suspect or something like it. If you were forced to sign or make a plea while being tortured (defined as mental or physical harm in order to alter a person's choice of thought or action), you can appeal for violation of due process; If you were convinced that the prosecution had sufficient evidence, and confessed/plead at a time when they didn't have that evidence (but subsequently obtained it), you jumped the gun; tough luck. There might be other appeals you can attempt, if you were detained with no cause or for longer than permissible (this might come under violation of due process), or for any number of technicalities like warrant serving dates, justification of such warrants or evidence that should have been inadmissible. In any case, there are lawyers that specialise in appeals and retrials.

Answer 3

The law will vary from state to state, so these comments are mere generalizations. In most states you will be required to request leave to withdraw your plea from the court and judge that took the guilty plea. In most if not all states this request must be made prior to sentencing, though attacking a conviction by plea after sentencing may be possible, depending on the state, (Such a post-sentencing attack will probably not be understood as "withdrawing" a plea, but rather attacking its validity or legality on some ground other than the defendant's subsequent desire to undo what he had previously chosen to do). The application or motion to withdraw a plea might need to be made formally and in writing, but, in many courts, it can also be made orally even immediately prior to sentencing. Where there is a disputed factual basis for the motion, the court may order that testimony be taken at a hearing on the matter were you may need to provide evidence that will prove that you were coerced, or drunk, etc.

In some states, the judge can allow you to have your plea back in his discretion and in such cases the judge will be able to grant or deny your request for almost any plausible reason. You should supply a judge with as many good reasons as possible to support your request. The personality of the judge and local custom will matter enormously here as some judges give back pleas on a defendant's whim (mere "buyer's remorse"), while others will almost never do do, even when the law would seem to require it (he sees every plea as voluntary, no matter what the evidence).

In other situations, you may have a specific legal reason for the withdrawal. In such cases the judge might even be required to let you have your plea back if you can prove to him that such a legal ground exists. Prime examples are issues about the voluntariness of plea. A plea must be voluntary to be valid. If you were (really) coerced, you were drunk or on drugs at the time of the plea, you grossly misunderstood your rights or the non-collateral consequences of the plea, (like that you could go to prison or would be deported, etc.), then your plea might be deemed involuntary. (If these issue sound familiar it is because the judge probably asked you at the time you plead if you were coerced or drunk, etc., and asked if you understood what the maximum sentence could be, and asked if you had had time to talk to your lawyer, and so on, so bear that in mind. Judges ask those questions on purpose to assure the voluntariness of pleas.) Another related class is ineffective assistance of counsel, did your lawyer mislead you about what your sentence could be, or neglected to tell you you might be deported because of it, or mislead you about the availability of a certain defense. This may also be a ground to withdraw a plea, though it usually dove-tails with the voluntariness issues stated above and can usually be seen as merely a sub-set of the involuntariness issue.

A claim of actual innocence can be sometimes very important, but remember that at your guilty plea you were likely required to explain how you actually did the crime--you may even have had to do so under oath. To come back later and say you didn't really do it could be very awkward and some judges will give you a very hard time over your claim that you misled the court before but that now you're telling the truth. Two instances where this is less of a problem is where (1) you are claiming you were actually coerced (my ex said he'd kill me and my dog if I didn't plea and say the drugs were mine) and (2) instances where what you said to the court was factually correct but that you were unaware of a defense you had (intoxication, entrapment, etc.) that means you were really not guilty after all.

[NOTE: Being afraid to go to trial and face possible conviction and sentence thereafter is NOT the same as being coerced into a plea bargain, though it may feel that way. If you lay that argument on the judge it will make him scowl and scold and school you. On the other hand, you can still say you took the plea because you were afraid to go to trial when you are just asking for the court to return you plea on pure discretion. It would also be different if you are claiming that your lawyer objectively mislead you about your chances of winning at trial. That might add a true voluntariness and ineffective assistance claim, but that still isn't "coercion," so avoid the word unless you mean it.]

PLEASE NOTE: The sooner you request to have your guilty plea back after entering it the better your chances are of being allowed to withdraw it, so contact your lawyer immediately and try to avoid waiting to the sentencing date, where such a request will be greeted with the most suspicion by the court.

And remember: "The easiest plea to withdraw is the one you never entered."

Answer 4

that may give rise to MANY questions and it is most likely that they would not believe you (unless you have a terrible mental disorder)...Anyway the chances of that succeeding is 10%