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I feel I was misrepresented on a theft by taking charge. Can I change my plea to not guilty after I have been sentenced?

Augusta, GA |

On 5/9/13 I was sentenced to 5 years for a theft by taking charge that I am innocent of. My lawyer informed me that by pleading guilty the max my sentence would be was an additional 30 days in prison and probation. I plead guilty for fear of pleading innocent and being found guilty with the sentencing being 10 to 30 years in prison. There is no evidence to prove me guilty however there is no evidence to prove me innocent either which is why I chose to plea guilty. I feel that my lawyer didn't discus my best options or the worst case scenarios properly with me. So now that I've been sentenced is it possible to withdraw my plea of guilty?

Attorney Answers 4

Posted

It is very difficult to withdraw a plea once the sentence has been entered. If you can show some ineffective assistance of counsel and show that the ineffective attorney's advice caused you to take a deal that you otherwise would not have taken and if the judge believes that both of those facts are true, it is in the judge's discretion to allow you to withdraw your plea. But, you need to think about the consequences of doing so. You will still be facing the 10-30 years you were worried about, you still could get convicted (odds are that the state thinks its got a case and your lawyer thought to too since he/she went along with your plea), and there is no way that the state is going to offer you a new or better deal if you withdraw your plea (if they offer one at all, it will be worse). If you still want to try to withdraw you're plea, you need to consult an attorney quickly as you are not qualified to do it yourself and there are timelines that will run out quickly.

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Posted

I'll start with the simplest answer: yes, it is possible to withdraw your
plea. Depending on which county in which the plea was entered, you can file
a motion to withdraw the plea if you are still within the same term of
court as when you entered the plea. Given how recently the plea was made,
I'd bet you probably can file a motion to withdraw. If you are not, but if
it is still within four years of the plea being entered, you can file a
petition for a writ of habeas corpus to withdraw the plea. That's my basic
"yes," answer to your basic question of whether or not it is possible to
withdraw.

Now, should you withdraw? On the one hand, the dilemma you describe is a
common one and normally a very good reason to enter a negotiated plea where
you can sort of control the punishment you receive. On the other, you said
that your lawyer did not discuss what you were facing if you did not plea
adequately, which certainly is a reason to seek to withdraw the plea,
assuming you are willing to accept the risk of taking a much harsher
sentence if you withdraw the plea, go to trial and lose.

On balance, you need to provide these details to an attorney who deals in
post-conviction work as the first step to figuring out where to go from
here. There are some relevant details that you have not provided which are
best discussed one on one, but for sure, you should talk to an attorney
about the situation.

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1 comment

Paul Jonathan Sieg

Paul Jonathan Sieg

Posted

As Mr. Yurachek said, if you are still within the same term of court as when you entered the plea, you can file a motion to withdraw the plea. If you entered your plea on May 9, 2013, and you are in the Augusta Circuit, you likely have time to do so. Per O.C.G.A. § 15-6-3, the terms of court for the superior courts of the following counties begin as follows: a) Burke County -- Fourth Monday in April and October. b) Columbia County -- Fourth Monday in March and September. c) Richmond County -- Third Monday in January, March, May, July, September, and November. Paul J. Sieg 404-270-9289

Posted

In Georgia a person have the right to withdraw a plea as along as it is in the same term of court that the plea was taken.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

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Posted

You can file a motion to withdraw a guilty plea during the same term of court. Unless your county just now started a new term, you should still be within the window of time to do it.

Will it work? Unlikely, based on what you've said. A plea can be withdraw to correct a "manifest injustice", but regret is not a manifest injustice. Absent a showing of a manifest injustice, the plea will stand.

Since you describe a lawyer that didn't have much time to talk to you, I'm guessing you had a public defender. Public defenders are very busy and spend very little time with most clients.

↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.

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