Legal Question in Criminal Law in Michigan

Re: withdrawl of plea bargain

A defendant has a right to withdraw a guilty plea until the court accepts the plea on the record.

After the plea is accepted by the judge, a defendant can file a motion with the court and request to withdraw his/her guilty plea, but it is not automatically granted. The court must decide if the interests of justice would be served by allowing the plea to be withdrawn (e.g., the defendant now claims actual innocence), and whether the People's ability to still prosecute the defendant would be substantially prejudiced due to its reliance on the defendant having pled guilty. Motions to withdraw pleas heard before the sentencing hearing (and before the defendant learns what the probation department's recommended sentence is) are supposed to be liberally granted.

A request to withdraw a plea after the sentencing is much harder.

Re: withdrawl of plea bargain

Every thing can be done which is in the interest of justice subject to proof. Keep in mind that result of influence is not bargain and one can go against it.