Can you withdraw your plea agreement after sentencing?

If you are deceived by your attorney that it will be one Judge, and assured multiple times, then it was another; does that give you grounds to withdraw your plea agreement?

Asked on August 13, 2012 under Criminal Law, Washington

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

This will unlikely be considered a "harmful error" giving you grounds for an appeal. Once you enter into a plea of guilty, your appeal of the guilty plea will be based upon whether or not you entered into that plea knowingly and voluntarily, without any duress or coercion, regardless of the Judge who actually took your plea. You can still file an appeal, but the success of the appeal will not be based upon what judge took your plea.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.