Legal Question in Civil Rights Law in New York

withdraw a guilty plea

By withdrawing a guilty plea and requesting a trial the judge claimed that the defendant had perjured himself by pleading guilty at first and then claiming innocence. If there is a law about recinding a guilty plea, does it mean that everyone is guilty of perjury?


Asked on 3/04/02, 8:24 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: withdraw a guilty plea

The judge is a dork, if this is true. One is guilty of perjury only if one provably lies under oath. A plea is usually not under oath, although it may be. Nonetheless, the law allows the withdrawal of a guilty plea under appropriate circumstances and no penaly of perjury attaches.

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Answered on 3/04/02, 9:44 pm


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