Legal Question in Criminal Law in Arizona

withdraw a plea agreement
My son signed plea agreement after 1 day of trial.These are his reasons.When he came to court on day 2, his lawyer slapped a plea on the table and said he should sign it, sighting the testimony of day 1 when the car theft victim (87 yr old)changed his story and able to identify my son as the one who held him at gunpoint and stole his car.My son waited 5 1/2 months for his court appointed lawyer to finally contact him.Lawyer has pushed the trial process out 9/10 times because conflicts with his case load,sickness,trial prepardness,etc.This lawyer was never contactable.lawyer met with my son one other time apologizing forlack of attention to his case,but confident he had a good case.He didnt interview or suponea people for his defense except one, and then told my son this witness wouldnt contribute anything helpfull & totally misstated the conversation.He never interviewed any of the states witnesses.A year later my son's still in jail.Trial starts. He took the plea to stop the trial for lack of defense. Now he has another charge for actually stealing the car. Before day 1 the prosecutions arguement wasnt that he stole it but was in possession of a stolen vehicle.He was home the day it was stolen.Can he withdraw plea?How?

Asked on 4/19/05, 7:41 am

Mark Lazell Mark Lazell P.C.

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Re: withdraw a plea agreement

Plea can be withdrawn for a manifest injustice. If son is not guilty that is a manifest injustice.

Answered on 4/19/05, 2:03 pm

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