Legal Question in Criminal Law in Colorado

I plead guilty w/o an attorney present and at the time did not understand the severity of the charge. A M1 protection order violation for poss of alcohol. Can I withdraw my plea at the sentencing hearing and ask to be represented by an attorney?


Asked on 5/14/11, 11:45 am

2 Answers from Attorneys

V. Iyer Iyer Law Office, L.L.C.

Yes, you can always ask to withdraw your guilty plea. However, the real question is whether or not the Judge will allow you to withdraw your previously tendered plea. You have a right to be represented by an attorney. As with most personal rights, like the right to be represented by an attorney, you also have the concommitant right to waive (give up) that right. So the real issue is whether you made a knowing, intelligernt, and voluntary waiver of the right not to have an attorney. That is the standard used by the courts to determine whether or not you made allegedly valid and binding waiver. If you were properly advised during each step of the tender and acceptance of the plea of guilty you made then you may be out of luck. If you made a knowing, intelligent, and voluntary decision to give up your constitutional rights not to plead guilty then you may be cooked. Unless you were on drugs or mentally deficient or mentally disturbed or coerced to the extent it affected your capacity to reason properly into tendering your plea you may have a chance to withdraw your plea. You cannot withdraw your guilty plea because you do not like the consequences.

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Answered on 5/14/11, 2:39 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

The standard for withdrawing a plea prior to sentencing is "fair and just". You would need a fair and just reason, but "I did not know the consequences" does not meet the standard if a proper advisement was made by the Court.

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Answered on 5/16/11, 6:25 am


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