Legal Question in Criminal Law in Michigan

Re: Plea and rescinding it

Your question lacks certain information: have you been sentenced yet? Why do you want to withdraw your plea?

If you have not been sentenced, then you (or your attorney) have to file a motion to withdraw your plea and state why you want to withdraw it. Motions made before sentencing are granted more freely than motions made after sentencing (or even before sentencing but after you have gotten information about what your likely sentence will be).

Motions made after sentencing could still be a motion to withdraw your plea, or a motion for relief from judgment.

Michigan Court Rule 6.310(A) says that defendants have a right to withdraw a plea UNTIL a judge accepts the plea. But the acceptance occurs in the plea-taking hearing, so that's already passed by.

MCR 6.310(B) says that the court, in the interest of justice, may permit an accepted plea to be withdrawn before sentence is imposed unless withdrawal of the plea would substantially prejudice the Prosecution because of reliance on the plea. If the Defendant's motion is based on an error in the plea proceeding, the court must generally permit D to withdraw the plea. "Interest of justice" means "a fair and just reason" for withdrawing the plea (i.e., actual innocence or a valid defense to the charge).

MCR 6.311(A) says that a Defendant can file a motion to withdraw his plea within the time for filing an application for leave to appeal (12 months from sentencing). Otherwise, D can only seek relief pursuant to the procedures set forth in MCR 6.500 et seq. (a motion for relief from judgment).

(You can read all of these court rules at http://courtofappeals.mijud.net/rules/ .)

The reason(s) for your motion to withdraw the plea are important for any motion because they have to overcome the presumption that your actual guilty plea was made "knowingly" and "voluntarily". The judge told you at your plea that you'd be giving up a lot of rights (e.g., to a trial, to confront witnesses called against you, to subpoena witnesses FOR you), and you admitted to doing certain acts that made you guilty, and told the judge that you believed you WERE guilty. So, that wasn't true? What changed?

Simply saying "I don't believe that I'm guilty now" or "I don't like the sentence I got" isn't usually good enough. But an assertion of 'actual innocence' coupled with a summary of newly-discovered evidence supporting that may be good enough to win the motion.

What the stated bases are and how they are presented to the court are critical. It is unwise to do this on your own. Hire an attorney to help you!

Re: Plea and rescinding it

You can not withdraw a plea unless it was taken under advisement or unless the judge will allow you to withdraw it. If you need help you can call me at 5862851700

Re: Plea and rescinding it

Your lawyer can file a motion to allow you to withdraw your plea.

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