Legal Question in Criminal Law in Florida
can someone take back a plea and if so under what circumstances
Asked on 8/24/12, 8:19 pm
1 Answer from Attorneys
Joseph Justice
The Justice Law Firm
Pleas can be withdrawn within 30 days. This generally only applies to the following reasons:
a. the lower tribunal�s lack of subject matter jurisdiction;
b. a violation of the plea agreement, if preserved by a motion to withdraw plea;
c. an involuntary plea, if preserved by a motion to withdraw plea;
d. a sentencing error, if preserved; or
e. as otherwise provided by law.
So the most common reason, not being happy with a sentence, is not grounds to withdraw a plea. There are some additional legal complexities related to counsel at the time of the plea. There is also a slightly different rule regarding drug court.
Answered on 8/25/12, 5:44 am
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