Do i have the right to withdraw a guilty plea after ive been sentenced?

Asked over 1 year ago - Klamath Falls, OR

I did not have good representation, i begged the judge to please allow me time to retain an attorney other than my pd. she also denied my pd request to investigate issues that were new. judge denied and made me face trial the same day. i was extremeley distressed from the malicious treatment from the prosecutor and although i knew in an unbiased court i highly doubt i could have been convicted of aggravated theft just for knowledge of the individuals committing the crime, i was advised that i would be sent immediately to prison for 5 years so coerced into pleading guiltyl now i have a 7 year departure which is obviously worse. this is so wrong and obvious unfair abuse of power in that court. can i withdraw my guilty plea? im doomed

Attorney answers (3)

  1. Timothy P. Flynn

    Pro

    Contributor Level 15

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    Answered . Jeeze, wow, and yikes, all at once. It's true, the terrain gets very rugged in the felony arena. I must state that you need to get an attorney from Oregon to advise you. But generally, you may want to appeal your conviction based on your rights guaranteed under the United States Constitution. Recently, the U.S. Supreme Court has issued opinions dealing with our rights under the Sixth Amendment; specifically, the right to competent legal representation. In 2012, of of the more significant SCOTUS decisions expanded the scope of your 6th Amendment right to plea negotiations. This could be useful in your case.

    Alternatively, you may have some rights under Oregon law to challenge your sentence. If you do, theses will, no doubt, be very time sensitive making it imperative for your to secure competent counsel to raise these issues at the trial court level. If you do not raise them in the trial court, even through post-sentencing motions, they may be deeded to be waived by the Oregon appellate courts.

    Good luck to you sir; waters get choppy out your way...

    The response to this post is not intended to provide specific legal advice or to create an attorney client... more
  2. Philip Douglas Cave

    Pro

    Contributor Level 17

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    Answered . The Supreme Court has decided two cases recently that should be looked at in the course of an appeal.

    For a while now I have been following the issue of IAC prior to trial: forum selection, pretrial agreement negotiations, and collateral consequence discussions. Along those lines, Duquesne Univ. School of Law, along with the ABA will sponsor: Plea Bargaining After Lafler and Frye.

    [A] national symposium on plea bargaining after the U.S. Supreme Court’s two latest decisions on the topic,Lafler v. Cooper and Missouri v. Frye. These decisions recognized that a defendant has a right to the effective assistance of counsel in the process of criminal negotiations. The Court, however, expressly declined to say what remedy a defendant, whose lawyer did not perform effectively during the plea bargain, should receive. These cases raise many more questions than they answer. Do they change the plea process? How does one go about evaluating whether a lawyer has been a constitutionally competent negotiator? What remedy should lower courts apply? Do these cases portend judicial limitations on prosecutors?
    http://www.supremecourt.gov/opinions/11pdf/10-2...
    http://www.supremecourt.gov/opinions/11pdf/10-4...

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
  3. Joshua Sachs

    Contributor Level 19

    4

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    Answered . You need the advice of an Oregon attorney and you need it fast. What I am going to say next is some very general background. The law relating to guilty pleas and how, when and whether they can be withdrawn, varies greatly from state to state. As a rule there are very short deadlines within which you must act. You will probably have to get back in front of the original judge within a very short time (thirty days is the law in my state but it might be even less in yours) and ask leave to withdraw the plea, which may or may not be granted. If leave to withdraw the plea is denied then you may be able to appeal the denial. If the judge does allow you to withdraw the plea then you are back to square one facing trial on the original charge and subject to whatever the maximum sentence might be. There may be other remedies available to you under Oregon law depending on the circumstances.

    The important thing is that you need to consult an Oregon attorney and you need to do so immediately. Your lawyer has to review the entire history and posture of your case in order to know what your options are and in order to acvise you about how and whether to exercise them.
    It is impossible to say on the basis of your posting whether there was any impropriety in your original plea proceedings, whether a court would be inclined to allow your motion to withdraw, and whether your sentence would be seen by a reviewing court as excessive.

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