Legal Question in Criminal Law in Colorado

felony

Can a person withdrawl a guilty plea? In the state of colorado?


Asked on 9/20/07, 12:49 am

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: felony

Yes, there are provisions for such, but No, that rarely happens. Between the plea hearing and the sentencing hearing, a plea can be withdrawn for a "fair and just" reason. Rule 32(d), Rules of Crim. Procedure. If sentencing has already happened (or if sentencing was done immediately after plea) plea withdrawal is brought under Rule 35(c), Rules of Crim. Procedure. You argue that your plea was not voluntary, knowing, intelligent. Therefore, the plea was invalid and unconstitutional. Or, you argue that your lawyer was not effective, thereby violatring your 6th amd rights. Either way, it is not easy for you to do yourself.

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Answered on 9/20/07, 3:11 pm
Philip Rosmarin Rosmarin Law Firm

Re: felony

Yes, before sentencing, if he or she can prove that the plea was not knowingly, intelligently, and voluntarily made.

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Answered on 9/20/07, 1:08 am


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