Legal Question in Criminal Law in West Virginia

Changing Plea

I have a friend who agreed to plea to misdemeanor in return to testify against the company he works with. After pleaing gulity the company reached a plea agreement for a misdemeanor. He feels that he has been misrepresented by his attorney. Can he change his plea before his sentencing?


Asked on 2/26/07, 5:19 pm

1 Answer from Attorneys
David Schles Law Office of David Schles

Re: Changing Plea

More information is needed. First, in WV it is easier in State Court to receive permission to withdraw a guilty plea prior to sentencing than in Federal Court.

Beyond that it would depend on all the facts circumstances surrounding the plea. It can be possible if one can show reasons why it would be in the interests of justice to allow for a withdrawal of the plea.

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Answered on 2/27/07, 11:33 am


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