If you tell a public defender in agree to a plea deal can you change your mind

Asked almost 2 years ago - Downingtown, PA

No court date can I change my mind

Attorney answers (5)

  1. Robert C. Keller

    Contributor Level 20

    12

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    Best Answer
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    Answered . Yes. You can change your mind at anytime up till the plea is accepted by the Court. Even then you can ask the court to be allowed to take back your plea. Make sure you have all your questions answered before taking a plea.

  2. William A. Jones Jr.

    Pro

    Contributor Level 20

    9

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    Answered . The question's answer is simple and has been answered by the previous responders. In some ways it's a curious question. If you don't yet have a court date has discovery been provided by the Commonwealth? Have both you and your attorney reviewed the material provided and discussed your case and the strategies for going forward in light of the new information? Did you have a preliminary hearing or did you waive your right to have that hearing? At what stage did you indicate to your PD that you would accept a plea offer. Finally, were you not given the answer to this question when you discussed pleading guilty, the rights you give up when you plead guilty, the rights you retain, and that you could change your mind with respect to the proposed plea?

  3. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . Yes, you can change your mind. A plea must be free and voluntary. If you have changed your mind, tell your attorney so he/she can prepare for trial.

  4. Frank Mascagni III

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can change your mind, but advise your attorney ASAP so they are aware of your change in position. This is serious. Discuss this in private with your attorney.

    See Boykin vs. Alabama:
    U.S. Supreme Court
    Boykin v. Alabama, 395 U.S. 238 (1969)
    Boykin v. Alabama

    No. 642

    Argued March 4, 1969

    Decided June 2, 1969

    395 U.S. 238


    Syllabus

    Petitioner, a 27-year-old Negro, who was represented by appointed counsel, pleaded guilty to five indictments for common law robbery. The judge asked no questions of petitioner concerning his plea, and petitioner did not address the court. Under Alabama law providing for a jury trial to fix punishment on a guilty plea, the prosecution presented eyewitness testimony and petitioner's counsel cursorily cross-examined. Petitioner did not testify; no character or background testimony was presented for him, and there was nothing to indicate that he had a prior criminal record. The jury found petitioner guilty and sentenced him to death on each indictment. The Alabama Supreme Court reviewed the sentences under the State's automatic appeal statute for capital cases, which requires the reviewing court to comb the record for prejudicial error even though not raised by counsel. Petitioner did not raise the question of the voluntariness of his guilty plea, and the State Supreme Court did not pass on that question, though a majority of the court explicitly considered it in affirming his sentences of death.

    Held:

    1. This Court has jurisdiction to review the question of the voluntary character of the plea, since the plain error of the trial judge's acceptance of petitioner's guilty plea absent an affirmative showing that the plea was intelligent and voluntary was before the state court under the Alabama automatic appeal statute. Pp. 395 U. S. 241-242. ,

    2. A waiver of the privilege against compulsory self-incrimination guaranteed by the Fifth Amendment and applicable to the States by the Fourteenth; of the right to trial by jury, and the right to confront one's accusers -- all of which are involved when a guilty plea is entered in a state criminal trial -- cannot be presumed from a silent record. Pp. 395 U. S. 242-243.

    3. Acceptance of the petitioner's guilty plea under the circumstances of this case constituted reversible error because the record does not disclose that the petitioner voluntarily and understandingly entered his plea of guilty. Pp. 395 U. S. 243-244.

    281 Ala. 659, 207 So.2d 412, reversed.

    Page 395 U. S. 239

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  5. John L Ponzini

    Contributor Level 6

    6

    Lawyers agree

    Answered . It depends. I am a Connecticut Lawyer. Did you enter the plea in Court? I take it you did not, so, yes you can change your mind but check with a PA Attorney.

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