Legal Question in Criminal Law in Colorado

Re: Retracting a Guilty Plea

You need to ask the Judge if he will let you withdraw your guilty plea. The standard a judge looks at is whether you were properly advised of your rights ansd whehter you made a knowing and voluntary plea. It sounds like you may not have known everything.

Re: Retracting a Guilty Plea

You are right to attempt to withdraw prior to sentencing. The judge will likely not allow withdraw simply because you do not like the sentence that will likely be imposed. If you can show that "justice will be subverted," then you can withdraw the plea. This is best shown by an involuntary plea. Involuntary is best shown in that you were promised one type of sentence and you were not given that sentence or that sentence is not allowed by law. Basically, you need to show the court that you were promised something that you are not going to get - that you are surprized by the therapy requirements etc.

If the DA is on board with changing the plea, that will make things easier. It may be that the DA is willing to change to the original offer.

The problem is that conditions of probation are in many ways up to the court. You could get both the points that you are worried about and the therapy that probation is recommending after you change your plea. Please understand that you can argue against the therapy recommendations at sentencing and maybe the court will not require you to do them.

Good luck.