How do I withdraw a guilty plea without an attorney or find an attorney that won’t cost more than the ticket?

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How do I withdraw a guilty plea without an attorney or find an attorney that won’t cost more than the ticket?

I plead guilty to not having insurance but I come to find out that I had insurance. I do not want to spend more on an attorney then my $140 ticket, so I would like to know how to proceed by myself?

Asked on December 27, 2011 under Accident Law, South Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to try and get your guilty plea concerning no insurance reset for hearing is to go down to the clerk's office where the action was pending and simply ask the court clerk to place the matter back on calendar. He or she may do it or not on their own.

If the matter is placed back on calendar, you simply show up at the next hearing date with proof of insurance and be prepared to argue your case to withdraw the guilty plea.

If the court refuses to reset the matter back on calendar, you will need to file a motion to place the case back on calendar. The court clerk can give you the needed forms to do so for this traffic court matter. If he or she refuses, you need to go to the county law library and review forms for what you need to do, prepare the request and file it with the court clerk.


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