Legal Question in Criminal Law in Michigan

chnaging a plea before sentencing

can I recant a guilty plea befrore sentencing?


Asked on 9/10/08, 6:22 pm

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: chnaging a plea before sentencing

Yes, but it is not automatic. Courts are supposed to "liberally grant" such a request before a sentencing, but the court can also deny the request ... especially if the other party (the People) would be prejudiced by the request (e.g., due to the plea, evidence or witnesses are no longer available, etc.). Also, it helps the defendant to argue that there is a real claim of innocence.

You should work with an attorney to make this motion so that the best arguments can be made.

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Answered on 9/11/08, 10:16 am
Timothy Klisz Klisz Law Office, PLLC

Re: chnaging a plea before sentencing

yes, you can. Contact me at www.kliszlaw.com to discuss further. Tim Klisz

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Answered on 9/10/08, 6:57 pm


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