Once someone pleads guilty they can only withdraw their plea with the permission of the judges. Most judges aren't inclined to allow defendants to withdraw their. If he hasn't been sentenced its more likely the judge would let him.
Austin Jail Release and Bond Assistance
Austin Probation Lawyer
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
From the sound remarks of my TX colleague I would recommend that you at least consult with qualified TX criminal defense attorneys to see what the prospects for changing his plea may be. Most of us offer free, if limited, consultations. Take advantage of that and start talking to some lawyers. Better to know and understand at this point when something maybe can be done rather than spend a long time second guessing. Good luck.
Has he already entered a plea and been sentenced? If so, this is difficult to undo but sometimes possible. You would need to consult a criminal defense attorney in your area to look at the specifics of his case. If he hasn't pled yet, he can enter whatever plea he wants and needs to discuss this with his attorney before returning to court.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
The short answer is likely not. Once plea entered and accepted by court and sentence imposed, difficult to withdraw plea.
Given amount of loss, this is likely a Justice court or municipal court matter (unless there are prior instances of similar conduct related or unrelated to medical issues) and likely subject to fine only punishment and for which a deferred adjudication probation should have been available (probation, the successful completion of which results in dismissal). If a fine was paid and case closed, withdrawal of plea not possible.
HOWEVER, depending on time elapsed since sentence imposed, the same net effect may be accomplished by filing a motion for new trial alleging the medical/psychological issues and challenging voluntariness of plea based on his inability to make a knowing and intelligent waiver of right owing to these medical/psychological infirmities. If granted, This would put the case back in exactly same position it was in before plea.
But you should move quickly. Time limits for filing such motions are short.
CAVEAT: not all such medical/psychological issues automatically affect voluntariness or competence to enter such a plea.
There are some great criminal defense lawyers in Lubbock. Find one quickly and inquire. Good luck.
****NOTICE TO RECIPIENT OF ELECTRONIC COMMUNICATION**** This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510, et.seq. and is intended solely for the person or entity to whom same is addressed. If you have received this email in error, please notify sender immediately and delete same from your computer. This email may contain legally privileged communications relating to specific criminal matters in which addressee is involved. Use or dissemination of any portion of this email by any person other than addressee may constitute a violation of State and Federal Law. No attorney-client relationship is created by the mere exchange of e-mail. Attorney-client relationship created ONLY by the execution of a Representation Agreement and payment of an appropriate legal fee.
That's good that he hasn't pled yet. Do your best to retain an attorney and I'm confident they can put him in a position to get this case dismissed, especially with his lack of criminal history.
Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701