Legal Question in Criminal Law in Wisconsin

Re: Can you take back a plea if you felt coarsed into taking it?

There is nothing in the scenario you describe which would qualify as coercion of a guilty plea. The legal standard for a coerced or involuntary plea would usually involve proof of physical threats or similarly coercive conduct by the government or third parties, mental illness, etc. The fact that your husband faced a difficult choice, i.e., a fifteen year recommendation from the prosecutor versus a lesser recommendation on a plea bargain, is very normal in criminal court, and is particularly in cases of felons possessing weapons where sentences are extremely harsh. In the federal system, possession of a firearm by an armed career criminal carries a mandatory minimum 15 year sentence and a maximum of life! Absent true coercion, it is still easier to withdraw a guilty plea before sentencing than afterward. However, the defendant still needs to demonstrate �good cause� such as the discovery of new evidence which was not available before the plea, rather than a mere �change of heart.� It is therefore unlikely that the judge would have allowed withdrawal of the plea regardless of any request from your husband's lawyer. On the issue of release after half of a sentence is served, such decisions are reserved for the judge, even though attorneys on either side can make recommendations. The judge may well have overruled the lawyer�s recommendations in your husband�s case. The only good news is that Wisconsin�s "Truth in Sentencing" law requires that 25% of any sentence be served on supervised release. On an unrelated issue, although it is probably too late now, your husband would have been acquitted of the charge if the jury had reasonable doubt on the issue of whether your husband knew or had reason to believe that the gun was under the seat. My guess is that there must have been other evidence against him if the lawyer recommended the guilty plea, i.e., that your husband knew that the guy he borrowed the car from sometimes �packed heat.� Of course, it is always difficult for anyone with previous convictions to win a jury trial, since the jury will be informed of the prior conviction(s) if the defendant takes the witness stand.

Re: Can you take back a plea if you felt coarsed into taking it?

He (or you) needs to hire an experienced criminal defense attorney to advise you on the proper course of action. There may be ways out of this, but it is more than can be easily explained online. TIME MAY BE OF THE ESSENCE, so you need to do this IMMEDIATELY!