If you have been convicted and served prison time can you reopen your case. and can they give you a greater charge

Asked about 4 years ago - Hyattsville, MD

I was convicted of selling cocaine I pleaded not guilty but when I went to felony hearing the PD told me to take a plea so as to get less time in jail. How is it that you can change a not guilty plea to guilty but you cant reverse your plea

Attorney answers (1)

  1. Abraham Fernando Carpio-Gonzalez

    Pro

    Contributor Level 14

    Answered . If you took a plea, there are only four grounds to appeal that. One is the sentence was illegal, the second is if the plea was involuntary. The third is if the attorney was ineffective in giving you advise to take the plea, and the fourth is if the Court did not have jurisdiction. Within a few days you can ask the Court to withdraw your plea, but you have to do so for good cause. You can also file a Petition for postconviction relief an allege that the plea should be withdrawn if you can prove that the advise you received was ineffective. To answer your question, however, the answer is yes. If you took a plea to a lesser charge, and then withdraw it, the prosecution can re-charge you with the greater offense.

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