How do i go about taking my plea back

Asked about 4 years ago - Staten Island, NY

I live in new york city and i plead guilty to disorderly conduct and paid a fine not understanding that even though the chargers are reduced you are still admitting a form of guilt to the crime they charged you with. Now understanding this i would like to take my plea back and fight because im not guilty of anything i was misrepresented. what can i do.

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is very difficult to withdraw a guilty plea in NY. Disorderly Conduct is a violation, not a crime, so it is possible that the judge did a very brief allocution. One possible avenue to explore would be to obtain the transcript from the plea to see of the allocution was sufficient and to see if the judge properly explained the rights you were waiving. The other possible ground is that your lawyer either coerced you to plead guilty and did not properly advise you about what you were doing. If you are able to withdraw your plea, the original charge is reinstated and the DA will likely take you to trial. These are not easy motions to win but it can be done. I am a former State and federal prosecutor and now handle criminal defense so please feel free to check out my web site and contact me to discuss options.

  2. Peter J Tomao

    Contributor Level 14

    Answered . Under New York law, once a defendant enters a guilty plea, the defendant has no right to withdraw that plea. In the case of a felony, a defendant must make a motion under CPL 220.63(3). Whether to grant such a motion is left to the judge's discretion. A defendant may be able to withdraw a plea if the judge finds that the defendant's attorney failed to disclose the effects of the plea or there was some evidence of fraud, ignorance or mistake. However, courts are especially wary that a defendant may just have had second thoughts and will not generally allow defendants to withdraw pleas on that basis. Courts try to cover all these issues when the defendant enters a plea and are unwilling to revisit what they already decided. Given that the defendant must admit under oath what that person did to be guilty of the crime and generally must indicate that they have fully discussed the plea with the attorney and is satisfied with the attorney's assistance, it is extraordinary hard for a defendant to claim that the attorney forced the plea. These calims are routinely made and almost always summarily rejected. On the other hand, if there was an error in the allocution, a court will generally set the plea aside and permit the defendant to replead or go to trial.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . A plea can be changed up until the moment of sentencing. The courts usually give what is called a colloquy to determine if the plea is absolutely what you want to do. So, once you plead guilty and the court accepts that plea, and proceeds to sentencing, no, you can not go back and un ring that bell.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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