Legal Question in Criminal Law in Virginia

Withdraw of a plea

If you have entered into a plea agreement with the prosecution and it has been signed and taken infront of the judge and set for sentace, do you have the right to withdraw your plea? I feel I was cohursed into this as they had offered a different plea and then withdrew it at the last minute. If I can withdraw it, how long do I have to do so?


Asked on 4/24/07, 9:23 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Withdraw of a plea

You may be allowed to withdraw your olea of guilty within a certain time frame if there are credible reasons offered for doing so, but it would be up to the judge. You should check with the attorney whom hopefully you had to represent you in this matter.

If at this point for some reason you have no lawyer available to file the necessary motion, your best approach would be to write a letter to the judge detailing the reasons why you now wish to withdraw your plea of guilty.

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Answered on 4/24/07, 10:04 pm


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