Legal Question in Criminal Law in Florida

Withdrawing a plea

My nephew got convicted for ''Conspiracy to Commit Murder,'' through a plea deal. He ra mandatory 30 yrs (3-strike rule). However, it was ALL hearsay..., honestly. My questions are - can he withdraw that plea, and how much $$ am I looking at to follow through with this (if it is even possible) - I am only asking for a rough estimate here so I know where to go from this point, if I go at all...., or is this is a done deal and over with?


Asked on 2/23/08, 6:04 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Withdrawing a plea

People get convicted on hearsay all the time. It's not a reason to withdraw a plea. Usually, the only reasons a plea can be withdrawn are if the plea deal gets broken, the lawyer said something incorrect about the law, or if the defendant is somehow forced to plead against his will. The judge probably asked about all this when the plea was entered to make sure the plea couldn't be set aside.

If the plea gets set aside, everything goes back to square one and the trial gets set.

Setting aside a plea is very, very difficult, but it is possible. In terms of fees for a charge such as this, I suppose a young lawyer would charge in the range of $20,000 or so, while an experienced lawyer would be more like $100,000 or more, assuming the plea can really be set aside.

The more time goes by, the less likely the plea can be set aside, so you need to speak with a criminal lawyer in your area immediately.

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Answered on 2/23/08, 1:15 pm


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