Legal Question in Criminal Law in Missouri

ii want to know if a person pleads guilty to a drug charge an dont show up to the sentencing hearing an the lawyer reccuses his self from representation, can the charged party change their plea to not guilty? one lawyer told me yes but a public defender tells me no. any statue number i can show in court tommorow may save my stepson 11 yrs. thanks alot. harry. 573-854-2324


Asked on 7/10/11, 12:29 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

first of all, a perswon who does not show up at sentencing usually has a warrant issued for his arrest. So, that seems to be the most urgent aspect of this situation and should be taken care of immediately. Lawyers do not recuse themselves from cases. An attorney representing a person charged with a crime must file a Motion to withdraw and be granted leave to withdraw by the Court. If this has happened in your stepson's case, then he needs to hire new legal counsel. His new attorney can file a Motion to Set Aside the plea of guilty previously entered if that would be in the client's best interest. It would be up to the Judge whether to grant that Motion or not.

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Answered on 7/10/11, 4:20 pm


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