| So, you plead guilty and you don't like the deal... what to do? |
A common phone call that comes into my firm begins with “I plead guilty” but either “my lawyer made me do it and I didn’t really want to” or “I wasn’t told everything that would happen if I plead guilty.”
You can withdraw a plea, but only in certain conditions.
But, before you take a drastic step, you should make sure that you are not exposing yourself to a worst case scenario. In other words, before your attorney has to claim a conflict, you may want to discuss your concerns with him or her. Find out why exactly they advised you to accept this particular deal, and what the effects could be of a successful withdrawal of the plea. This may be a good opportunity for you to interact more with your attorney about the case.
As attorneys, we have a professional code of ethics to adhere to, and as such we cannot bring frivolous motions to the court. In general, you can tell your attorney what ends you desire but it is the attorney who establishes the “means.” Your attorney may suggest to you that he or she negotiated a great deal for you and it is not in your best interest to withdraw that plea.
Ideally, you have an attorney that communicates fully what plea to take is in your best interest and why, but ultimately it is your decision what you believe is best for you under the circumstances.
The Law Firm of Monique Shana Hill believes that a well informed decision is the best one. It’s important that you go back to confer with the attorney who originally negotiated the plea. If you don’t understand it fully, then have them explain why the case was negotiated in the manner it was negotiated. If you’re still left with the feeling that you still want to withdraw your plea, you may need to hire new counsel.
The problem with withdrawal of a plea, most of the time, is that people who were in custody at the time of the plea could not get “O.R.’d” (released on their “own recognizance”) and were told that if they plead guilty while in custody, they would get out of jail.
Oftentimes, the prosecution asks you as a part of your plea agreement to give up your appellate rights, and then you can’t appeal your case. Also, often people in this situation don’t ask enough questions regarding the terms of probation (which sometimes can be really onerous), or could be pleading to a lot of enhancements or priors.
Frequently, clients who are not versed on the intricacies of the law just hear that they are getting out of jail without considering what they are accepting.
Every case is different.
After consulting your attorney, you should be left feeling well-informed and prepared for the likely effects of a withdrawal of a plea. It is ultimately your call. |
Posted By Law Offices of Monique Shana Hill on March 22, 2010 10:41 am | Permalink  |