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What options are left after a plea agreement has been accepted but new evidence appeared afterwards

Fayetteville, NC |

Also the new evidence suggests misconduct by the defense lawyer

Attorney Answers 3

Posted

I don't practice in NC, but in my state, KY, you may need to have a separate new attorney review the "new evidence" to see what options exists. If you have entered a written plea agreement BUT have not been sentenced yet, this is time urgent. If you want to attempt to withdraw the plea, this must be acted upon ASAP by written pleading with good grounds before the court.

Have you reviewed this matter with your current counsel of record? Have you asked him/her for their assessment of the "new grounds" as it may relate to the case and plea agreement? I don't know what your "new evidence" is nor how the defense attorney committed any misconduct, but you may want to get a second opinion from an outside source before acting.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

In Kansas there are 2 standards for withdrawal of a guilty plea in a criminal matter. If you wish to withdraw your plea before sentence has been entered, the standard requires that you demonstrate "good cause" to withdraw the plea. Clearly, newly discovered exculpatory evidence may satisfy that standard. If you move to withdraw the plea of guilty after sentence has been entered, then you must demonstrate to the Court that denying the request to withdraw the plea would result in "Manifest Injustice." Clearly, prevention of "Manifest Injustice" is a MUCH higher standard than demonstration of "good cause." However, if newly discovered evidence is highly exculpatory and was not available to you or your lawyer prior to entry of the guilty plea, that evidence may very well satisfy the "Manifest Injustice" standard.

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Posted

A Motion for Appropriate Relief (MAR) may be an option. However, you must consult an attorney as soon as possible because time is of the essence with MARs.

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