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


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.


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