Legal Question in Criminal Law in Michigan

motion to withdraw a plea bargain

My husband accepted a plea bargain on the advice of his attorney, now he has filed a motion to withdraw his plea based on ineffective assistance of counsel. Is it enough to show that he would have insisted on a trial had his attorney done his job or must he also show that there is reasonable probability that he would have gone to trial and been acquitted??

thank you for your time, looking forward to your response!


Asked on 6/03/09, 9:49 pm

1 Answer from Attorneys
Daniel Hajji Daniel Hajji & Associates

Re: motion to withdraw a plea bargain

He can file a motion to withdraw his plea before sentencing if he can show that his plea was entered unknowingly/unvoluntarily... If he was ill-advised by his attorney and he can show this, he can certainly make that argument. Most judges need compelling reasons to withdraw a plea. Ineffective assistance of counsel is one of the factors for the Court to consider... I strongly urge your husband to have an experienced criminal attorney to prepare his motion to withdraw. It would be foolish of him to file this motion on his own. Further, I will need more details as to the charges, facts, Judge, etc..to expand on this answer. If you wish to discuss this further. I can be reached at 248.865.4700. Daniel Hajji

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Answered on 6/03/09, 11:03 pm


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