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After pleading guilty in court can you go back and fight that quilty plea?

Denver, CO |

My lawyer had me plead guilty to a probation violation, because he said we could not fight the system and win. He said this would keep me out of prison. I lived in a hafeway house (ICCS). I was working full time for 3 months. Great reveiws and a raise, but it was not guarantied full time hours. It was hard to find this job! I was paying for everything. Clean U.A.s, clean room and body searches, no problem's with staff or client's. I attended all classes. They sent me back to jail for not having a full time job! I feel ICCS was unfair. I was doing everything I could do. I feel I am not guilty.When I get out of this I would like to find a lawyer who is not afraid of the system so people do not go to prison for technicalities! I just hope that the guilty plea will not hurt me in my next case.

Attorney Answers 1


You may be able to withdraw your guilty plea pursuant to Crim. P. 35(c) if you can prove that it was not entered knowingly, voluntarily, and intelligently. Because of the standard plea agreements signed by defendants and the advisement given by the courts, however, it is difficult to establish grounds for withdrawal of a plea because the judge has determined that the plea was entered knowingly, voluntarily, and intelligently before allowing the guilty plea to be entered.

Nevertheless, you may be able to establish grounds for withdrawing your guilty plea if your lawyer promised you that you would not be sent to prison if you pleaded guilty. However, lawyers generally do not make these kinds of promises, and, even when they do, the court's advisement usually makes it clear that prison could be a consequence if you violate the terms of community corrections.

You have three years from the date that the sentence was imposed to file a motion to withdraw your guilty plea. If you are successful at withdrawing your guilty plea, the charges in the revocation complaint would be reinstated and you would have to defend those charges or negotiate a new plea agreement.

You should consult with a postconviction attorney about your options.

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