Legal Question in Criminal Law in New Jersey

Can plea be withdrawn after 2 year?

A friend of mine was on vacation in Atlantic City two years ago and the people he was with entered another person's hotel room and stole money. My friend never entered the other person's room or had any part in the theft, but all of them were arrested. He plead guilty to theft and trespassing on the advice of his lawyer, even though he did nothing wrong, because he couldn't afford to pay the lawyer to take the case to trial. Now he is having trouble finding employment because of his criminal record (these are the only charges on his record). Is there anything that he can do now to clear his record or is it too late?


Asked on 5/30/08, 4:28 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Can plea be withdrawn after 2 year?

He can apply for what is known as post conviction relief, based on being denied the effective assistance of counsel as required by the

Sixth Amendment of the United States Constitution.

There is no time limit for making this kind of an application, but being successful in this regard is easier said than done.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/30/08, 4:45 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Can plea be withdrawn after 2 year?

I agree with Mr. Moore except for two things. First, while you may have forever to file one, filing a PCR after 5 years is almost impossible. Thus, just pretend that he only as 5 years. Second, while can be difficult, we have been successful with such applications but they can be very fact specific.

Our initial consultations are always free, so he can call me at 732/247/3340 to discuss his case.

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Answered on 5/30/08, 5:07 pm


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