How can a defendant withdraw a guilty plea?
Question Details:
MY SON WAS ORIGINALLY CHARGED WITH A RAPE CHARGE. HIS DNA CAME BACK AS NEGATIVE. HIS PUBLIC DEFENDER SAID HE GOT THEM TO DROP IT TO A SEXUAL ASSAULT AND HIS EXACT WORDS WERE HE WOULD BE A F***ING FOOL NOT TO TAKE IT. UNFORTUNATELY, MY SON DIDN'T KNOW WHAT TO DO SO HE PLED GUILTY AS HIS P.D. ADVISED. DOES HE HAVE ANY RECOURSE IN THIS MATTER?
Has he been sentenced yet? If not, he can probably withdraw his plea. If he's been sentenced, you have very limited appeal rights and they get stale within 30 days.
Ok, you need to consult a new attorney in this. If you are still with the Public Defender's Office go and ask to speak with a supervisor. If it is a small office with one attorney hire your own. If you intend to change your plea you need to notify the court and the prosecutor as soon as possible. You also need to contact the court and let them you know you want a change of counsel and the reason, be specific. You are using a public defender so depending on your area you may be getting another one out of the same office but make sure that you speak with the supervising attorney as indicated above. Depending on where you are in the matter in court it could be more difficult than all that. Get competent counsel asap.
