Legal Question in Criminal Law in Washington

Re: Guilty plea

It is possible to withdraw a plea of guilty, but the Defendant bears a heavy burden in justifying the withdrawal. If you were represented by counsel and if the plea was entered quite some time ago, your burden will be greater.

Here is an excerpt from a recent case in WA:

"A defendant may plead guilty to a charged offense, but the court must enter a judgment upon such a plea only if it determines that the plea is voluntary and competent, the defendant understands the nature of the charges and the consequences of the plea, and the court is satisfied that there is a factual basis for the plea. CrR 4.2(a), -(d); see also State v. Ross, 129 Wn.2d 279, 284, 916 P.2d 405 (1996). Criminal Rule 4.2(f) governs the withdrawal of a guilty plea where the motion is made before the court enters judgment. That rule provides that a defendant may withdraw his or her guilty plea to correct a manifest inJustice: Withdrawal of Plea. The court shall allow a defendant to withdraw the defendant's plea of guilty whenever it appears that the withdrawal is necessary to correct a manifest inJustice. If the defendant pleads guilty pursuant to a plea agreement and the court determines under RCW 9.94A.090 that the agreement is not consistent with (1) the interests of Justice or (2) the prosecuting standards set forth in RCW 9.94A.430-.460, the court shall inform the defendant that the guilty plea may be withdrawn and a plea of not guilty entered. CrR 4.2(f); see also RCW 9.94A.430-.460 (setting forth standards for evidentiary sufficiency, plea Dispositions, and sentencing recommendations)."

Whether you would be able to withdraw your plea of guilty depends an the particular facts and circumstances of your case. You are not likely to obtain the answer in an online forum.

The possibility of vacating (expunging) the record of the conviction depends on a number of factors. You can review the eligibility requirements for your particular crime by visiting my website (click on the link in my lawguru profile).