Can I change my plea if I have not been sentenced yet?

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Can I change my plea if I have not been sentenced yet?

I went before the judge and was not sentenced but they they have me in custody. I want to know if I can change my plea?

Asked on June 25, 2012 under Criminal Law, South Carolina

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 9 years ago | Contributor

With all due respect to the lawyer that first answered your question, please disregard it. The information given with your question indicates that you are in South Carolina and the lawyer that answered your question is from California. He/she obviously is not familiar with South Carolina criminal procedure.

There is a possibility that a motion would need to be filed. But it depends on what your charge is, and which court your case is in. If  you entered a plea of Guilty at an Arraignment in General Sessions or Federal District, then the other lawyer's answer is correct. However, if the plea was in Magistrates Court or a Municipal Court, then filing a motion is not necessarily your only option.

You really need to have a one-on-one conversation with a criminal lawyer to sort this out.

Robert J. Johnston. Myrtle Beach--Horry County--843-946-0099 Email:  [email protected]

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have entered a plea in the criminal action against you and have yet to be sentenced for the crime, you possibly can seek to change the presumed guilty or "no contest" plea. However, you need to have a motion filed with the court as soon as possible preferably prepared by a criminal defense attorney stating the factual reasons why you wish to change the plea you entered.

The court will hear the motion after the district attorney's office has an opportunity to respond to your motion and a decision will be made as to your request.


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