If I signed a plea bargain can I back out of it if I haven’t been sentenced yet?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I signed a plea bargain can I back out of it if I haven’t been sentenced yet?

I feel that I was being forced to do it.

Asked on January 24, 2011 under Criminal Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Whether or not you can withdraw a plea agreement depends on the circumstances inducing you to take the plea, the state that you are in, and whether or not it has been signed off on it by the court. Generally, before a judge signs it you can say you don't want to take your plea and you want the right to a trial.

That having been said,  plea agreements must be voluntarily entered into.  If you were in some way coerced into accepting it, then that can be grounds for withdrawal.  Consult with your attorney (if you have one) or consider the alternatives yourself if proceeding on your own behalf. Withdrawal of a plea bargain agreement means that the matter will proceed to trial, cost you more money, and possibly cost your lose of freedom.


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Whether or not you can withdraw a plea agreement depends on the circumstances inducing you to take the plea, the state that you are in, and whether or not it has been signed off on it by the court. Generally, before a judge signs it you can say you don't want to take your plea and you want the right to a trial.

That having been said,  plea agreements must be voluntarily entered into.  If you were in some way coerced into accepting it, then that can be grounds for withdrawal.  Consult with your attorney (if you have one) or consider the alternatives yourself if proceeding on your own behalf. Withdrawal of a plea bargain agreement means that the matter will proceed to trial, cost you more money, and possibly cost your lose of freedom.



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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption