Legal Question in Criminal Law in Minnesota
Is there a time limit for a motion to withdraw a plea? On a fifth degree assult?
2 Answers from Attorneys
There is no time limit, literally. But it is difficult to succeed in a motion to the court to allow a withdrawal of a guilty plea. In general, if one wishes to attempt this, it should be done as soon as possible - time is of the essence. Also, the Minnesota Rules of Criminal Procedure provide a more difficult standard to persuade a judge to allow a plea withdrawal after setencning. So - if possible this should done before sentencing.
To withdraw a plea before sentencing would require filing a Motion before the sentence is imposed by the court. The court may allow you to withdraw your plea if it feels that the interests of justice are served.
After sentencing has occurred, it is significantly difficult to withdraw a plea and a Judge may dos so in his/her discretion only to prevent a manifest injustice.
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