Under certain circumstances, you can withdraw your guilty plea between a plea and sentencing or within ten days after your sentencing. Your withdrawal is subject to the court’s approval.
A Philadelphia criminal defense lawyer can decide when it may be appropriate to replace a guilty plea with a plea of not guilty (and a trial) or nolo contendere.
Withdrawing Guilty Pleas Under Philadelphia Law
Per 234 Pa. Code § 591, you can withdraw your guilty plea in Philadelphia. You must request permission from the court to do so.
Once you have requested a withdrawal, the Commonwealth of Pennsylvania gets 10 days to respond, which may involve telling the court why it agrees or disagrees with your request.
How Soon do You Have to Withdraw Your Guilty Plea?
The law states that you can change your plea from guilty to something else until the moment the court hands down the sentence. If the court has imposed the sentence, you have ten days to file a motion to withdraw the plea or reconsider the sentence. You may also try to get that sentence overturned by filing an appeal and seeking a judgment from a higher court.
How to Withdraw Your Guilty Plea in Philadelphia
You must file a motion with the court to request withdrawal permission. Your attorney can handle this for you. It may be safer to let your legal representative deal with this and all other paperwork because:
- They know what forms to use and how to fill them out with the information the court needs to make a fair determination.
- They know the legal deadlines that apply to your case and can act fast to complete everything within those deadlines.
- They can respond to requests for additional information from the court.
- They can tell you how the commonwealth responds and what their statement could mean for your case.
- They can advise you about the potential risks of withdrawing your plea and going to trial
For a free legal consultation, call 215.515.3360
Why Might Someone Withdraw a Guilty Plea in Philadelphia?
Pleading guilty may be part of your legal strategy if your defense attorney decides this is the best way to increase your odds of avoiding the most onerous penalties. For example:
- Let’s say you have been accused of a felony.
- Your lawyer negotiates with prosecutors to lower the charge to a misdemeanor if you agree to plead guilty to that lesser charge.
- If you plead guilty, you would have to accept the penalties associated with the new charge, but misdemeanors are less serious than felonies, so they carry lighter penalties.
You and your lawyer will decide whether to plead guilty based on the information available to you at the time. If new information comes to light after you plead guilty, this may prompt your legal team to reevaluate that plea.
Examples of When to Withdraw Your Guilty Plea
You will want to withdraw your guilty plea if you think you stand a better chance of a positive outcome by entering a new plea or having a trial. This might be the case if:
- Your lawyer finds newevidence of your innocence. Perhaps they will locate a new witness who can shed light on your case or find video footage that places you well away from the crime scene.
- Your lawyer weakens key parts of the prosecution’s case. For example, maybe your lawyer can undermine testimony from a confidential informant. Without that testimony, the case against you is not strong enough to merit a conviction.
- Your lawyer could prove some or all the evidence against you was collected illegally and file a motion to suppress this evidence. This might be the case if the police searched your vehicle without a warrant or the prosecution withheld information from your attorney during discovery.
- The person who accused you of the crime withdraws or substantially alters their statement.
What If the Court Rejects My Plea Withdrawal?
It is up to the court to decide whether to accept the withdrawal of your guilty plea. If it rejects your request, you will have to see your case through to the end as you originally intended—by pleading guilty to the agreed-upon charge.
Learning that your request has been rejected can be frustrating and disheartening, but your legal representative can help you determine your next steps.
How Can a Philadelphia Lawyer Help You Withdraw a Guilty Plea?
With a criminal charge hanging over your head, viewing your case enough to design and implement the right legal strategy can be difficult. One of the most important things a criminal defense law firm can provide is logical advice on handling each step of your case.
Strategizing With Your Philadelphia Attorney
When should you plead guilty versus not guilty or nolo contendere? Do you have grounds for withdrawing your guilty plea? Answering these questions on your own can lead to unnecessary stress and potentially jeopardize your future. It helps to be able to rely on a criminal defense lawyer who:
- Knows about all of the laws that apply to your case
- Can investigate the charges against you
- Work with you to devise a legal strategy that you both are comfortable with
- Represent you in court so you do not have to worry about learning courtroom procedures
- Prepare you for interviews with the prosecution, including testifying on the stand
Next Steps After Withdrawing Your Guilty Plea
What do you have to do if the court accepts your withdrawal? That depends on the nature of your case, including the stage in the proceedings at which you filed your withdrawal.
After withdrawing a guilty plea, your criminal defense lawyer can examine your situation and help you decide how best to handle your case.
Is Withdrawing Your Guilty Plea Right for You? Call Us to Learn More
While you can withdraw your guilty plea in Philadelphia, that does not mean this is the best option for your case. The Law Offices of M.J. Snyder, LLC, can determine which strategy is right for you.
Call our team today to request a free consultation.
