I plead guilty to a crime that i didn't do i was scared i didn't want to end...

Asked over 2 years ago - Brooklyn, NY

Up like my brother and get wrongly convicted. Now i am very stress because i know in my heart i didn't do this crime. when i plead guilty they say i don't have the right to appeal the case. i was given probation with y.o. But i didn't start today i have to go back for sentencing can i change my plead then or is there someway i can appeal this.

I was charged with robbery to the 2nd degree

Attorney answers (5)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . It is very hard to withdraw a plea. Unless you have a sympathetic judge, you can't do it simply because you changed your mind or were scared. You need a legal reason such as you didn't effective assistance of counsel or you can prove you are "actually innocent."

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Gary Stuart Miller

    Pro

    Contributor Level 8

    Answered . You are going to have 2 problems, First judges tend not to let defendants withdraw their plea because of a change of mind, and second, when you plead guilty, you stated under oath that you were in fact guilty. To change a plea now would be saying that you lied when you plead under oath.

  3. Benjamin Ostrer

    Pro

    Contributor Level 4

    Answered . You say you were given probation and YO but you also state you have not yet been sentenced so I will assume the probation and YO are your promised sentence. If you don't make application to withdraw your plea prior to sentencing you will not be able to appeal your plea. You must have admitted to the elements of the crime when the Court took your plea so you should discuss with your attorney the wisdom of trying to take back your plea.
    The request might trigger the sentencing court to withdraw its promise of YO and probation.
    You really need to review this with your current attorney.

  4. Dennis James Dressler

    Contributor Level 14

    Answered . You can ask the court to allow you to withdraw your plea. It does not mean the court will allow you to do so, but you can ask. However, if the court made a determination that the entry of your guilty plea was made knowingly, intelligently and voluntarily it is not as likely to do so. Assuming that you had a lawyer at the time you entered your guilty plea why are you not asking this of your lawyer? Do so; right now.

    Answers are based upon information provided by the writer. An in-depth response can only be based upon by... more
  5. Ali Faal

    Contributor Level 8

    Answered . Ask your attorney to file a motion to withdraw your plea. If your attorney does this prior to the sentencing hearing there is a chance that you can withdraw. But you NEED to consult with your attorney ASAP.

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