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How can I withdraw plea agreement?

Rockford, IL |

I was arrested in 2008 for felony theft. The item in question was abandoned at my mothers house to be put into her garage sale. I used said item to get a loan 2 times. Upon the second time of using item for a loan, the defendant(my brother) stated it was his property and called the police. Upon being arrested I admitted to taking item. My public defender offered me a plea agreement and I ignorantly took it. I have since been sentenced and am seeking to withdraw my plea and take it to trial. Both the defendant and my mother, whom the property actually belonged to, is willing to make statements to that fact. How would I go about withdrawing my plea and taking it to trial?

I believe my public defender was inadequate in this case and even charged me with the wrong charge after sentencing. The charge i was suppose to have was theft, The charge I ended up with was theft from church, school, or state which has caused me to lose many job opportunities and my own money to have this corrected. I am not guilty of this crime. I have no prior convictions of theft, in fact the only charges I have on adult record are from 2002 and for minor drinking, disorderly conduct, and resisting arrest. In any manner, I am not a criminal and I dont feel that I should be marked as one for the rest of my life. I recently missed court by mistake for this case(was reopened for violation of probation roughly 2 months ago) and I would like to know if there is anything I can do to withdraw my plea and go to trial without being put back into jail.

Attorney Answers 2


A capable criminal defense lawyer can address the different options that you have regarding possibly withdrawing your plea agreement. You should contact a criminal defense lawyer as soon as possible concerning this case.

Juan Garcia Jr.
Attorney at Law

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Once your plea is entered in the record in open court, your agreement gets harder to change, withdraw or avoid. The key event in my view, however, is not the plea hearing but the sentence hearing. You presumably took less of a sentence in exchange for your agreement to avoid a trial, waive appeal rights and enter the plea. Under oath you presumably stated you understood the nature and extent of your plea and that you entered the plea voluntarily.

Talk to a criminal defense attorney in Rockford. See if you have any options given the further details you will need to disclose to your attorney in an attorney-client relationship?

Do not post added necessary details online as the internet is not a private manner of communication.

Good luck and God bless you.

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