Legal Question in Criminal Law in Minnesota

Re: Can I withdraw on a plea agreement?

You may file a Motion to withdraw the plea. the court may grant such a Motion if it finds that it is "fair and just" to allow the plea withdrawal. Part of the court's connsidereation is whether there has been any prejudice to the prosecution by allowing the withdrawal.

You should hire counsel for such a Motion.

Re: Can I withdraw on a plea agreement?

If you have already pled guilty in court, and waived your trial and other rights at the same time, then in order to withdraw your guilty plea you would need to make a "motion to withdraw plea."

Though it might be possible to do that without a lawyer, that would be foolish indeed. You may only have one real shot at it. Without a lawyer's help you could really blow your one chance.

Two other, quite important factors judge's consider with motions to withdraw a plea, is how much time has elapsed since the plea was entered; and, whether the person has been sentenced yet. If the motion to withdraw the plea is made after sentencing, there is a tougher legal standard making it more difficult and less likely, if the motion is made after sentencing. From your question, it sounds like you may not have been sentenced yet. Try to delay sentencing until after you have a lawyer and a motion to withdraw plea filed. The other factor is time since the plea was entered. This affects "prejudice" to the prosecutor's case, often. It is easier to get a judge to allow withdrawal of a plea, if the motion to do so is made very soon after the plea was entered. The sooner the better.

To summarize, you would be wise to: (1) retain a new criminal lawyer as soon as possible; (2) have your lawyer serve and file a motion to withdraw plea as soon as possible; and (3) delay sentencing until after these have been done (if the court allows plea withdrawal, the case would "start over"). Since you have court tomorrow, presumably a sentencing hearing, ideally you would get a new lawyer before then, to appear with you to request a continuance in order to have time to investigate and make the written motion to withdraw. Failing that, you could make the request on your own, or have your current lawyer do it for you. Good luck. Call me if I can help with the plea withdrawal motion.