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Can i fight my sex offense case after taking a plea?

Burlington, CO |

I live in a small town and got charged with sexual assault on a minor. her dad is a cop in my town and i feel that i could beat this charge because this 13 year old girl put my hand in her pants and i pulled my hand out and said no. I was 20 years old when this took place. This all came about in court because she sent me a picture with her top off and her dad seen it. I was under distress because her dad (the police officer) said cops protect cops and i was scared because i had never been in trouble with the law before. I was told I would either get 25 to life in DOC or take a plea of 5 years probation. This started in aug. of 2012 and I took the plea may 13th 2013.

Attorney Answers 5

  1. I don't practice in CO, but you can move to withdraw your plea. But "buyer's remorse" is not great basis to set aside your plea. Presumably you went through all this analysis BEFORE you took the plea and you and your attorney decided that it was in your interest to accept the plea rather than accept the risk of a 25 to life sentence. Best to talk with your lawyer specifically. No lawyer, whom you don't know and doesn't have the evidence before them is going to give you any good advice as to what you should do.

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  2. It's very difficult to undo guilty pleas. You should speak with a criminal defense attorney who is familiar with post-conviction petitions in Colorado.

    Good luck.

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  3. You would have to file a Rule 32(d) motion under the CO Rules of Criminal Procedure and the standard is different if the motion is filed pre-sentencing versus post-sentencing. Judges (I am a former one) do not like to have pleas withdrawn and are extremely careful to go through your Rule 11 rights with you both orally and in writing and make sure that you know the penalties and that you are entering your plea knowingly, voluntarily, and not under any duress. You are now stating that you felt that you were under duress when you signed forms previously that you were NOT under duress. You have little to no chance of having your Motion to Withdraw Plea granted. Sorry.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

  4. This question of withdrawing your plea after 3 months will generally not be possible; especially after you have been sentenced. Being just scared is not enough. You will have to show that you were wither coerced, under duress, ineffective assistance of counsel, involuntary plea. All of which is going to be a very uphill and difficult battles. Generally, In Colorado, Judges not not prefer or encourage defendants to withdraw their otherwise knowing, voluntary, and intelligent plea. Before sentencing you may have some chance if the relevant facts are presented to the court to justify granting the withdrawal of your pleas. All The Best. Consult with an attorney.

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  5. In addition to the answers you received above, have you discussed this matter with the attorney you intend to hire? If you are successful in withdrawing your plea, the result will be that your case will then go to trial. Are you prepared for a trial for felony sex assault in a child? This is not something that you have any chance to win representing yourself. Further, you may get additional charges including possession of child pornography.

    You have no chance to withdraw your plea without a very good attorney, and if you withdraw your plea, you will be in a much worse position unless you have a very good trial attorney. If you go to trial and lose, you are potentially facing life in prison.

    You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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