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firsttimer101

Motion to withdraw guilty plea?

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If a motion to withdraw a guilty plea is made before sentencing and denied ,can a motion to reconsider be made after sentencing? And also can another motion to withdraw be made after sentencing?

 

You can make any motions you like, but I cannot imagine why you might think making two separate motions after sentencing might be appropriate.  Also, contrary to popular belief, the purpose of a motion to reconsider is not to ask the court simply to think again about the same motion already made, based on the same facts and legal arguments.  A motion to reconsider typically requires the moving party to show new facts that could not reasonably have been brought to the court's attention in connection with the original motion or newly decided case or statutory law.  In terms of appropriate timing for a motion to withdraw a guilty plea, that depends on the laws of the state where the case is pending, which you didn't identify.  However, such a motion obviously should be made as soon as possible after the guilty plea is made.

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what if you wanted to amend the motion with something like ineffective assistance of council,and the things that were said by attorney to make you plea to something your not guilty of,also never explained lesser included could be argued at trial?It is clear his my best intrest is not on his mind.

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The judge isn't going to go through anything.  A motion to reconsider can direct the court to facts already asserted in the original motion to withdraw or to caselaw the court may have missed or to a change in the law.  You can't assert a new basis in a reconsideration and "I changed my mind" isn't a viable basis to withdraw the plea.  While you generally cannot appeal a conviction based upon a plea, you can appeal the court's denial of your motion to withdraw the plea but raising IAC after sentencing would have to be done by a habeas petition.

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Well heres the deal,my attorney does not care about me at all and took the easy way out for him.This charge can carry anywhere from 20 to 40 years 100 %.The thing is i am not guilty,the attorney lied to my family the day or minutes before trial and the shut the court room down so i would speak with family,he convinced them while i was not there ,lied about many things to get to them to try and get me to take a plea.I waas told if i didnt want to come home in a pine box,or if i ever wanted to see my daughter or son agian take a deal,never explained anything that was really going to happen at trial or anything,came to me the day of trial and said i was going to be found guilty.?what can i do?

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Yes. Withdrawing your plea after you are sentenced looks like buyers remorse and in many states, it would be too late and you would be left with an appeal or writ for ineffective assistance of counsel.

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No, unless they relate to the grounds to withdrawing the guilty plea.  Generally a guilty plea includes a waiver of the right to appeal, so a writ of habeas corpus may be your only avenue if you can't get the guilty plea withdrawn.

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I didn't practice in Illinois so i may be off base but where i did practice something like this would have occurred: if your lawyer was appointed, the judge would ask if you were satisfied with the services of your attorney. You said "yes". The judge asked if your attorney explained all the elements of the crime and that the state was required to prove each element beyond a reasonable doubt. You said "Yes". The judge asked if you were threatened to induce you to plead guilty. You said "No". The judge would asked if you were promised anything, other than what was in your written plea agreement to induce you to plead guilty. You said "No". The judge asked if you were pleading guilty because you were, in fact, guilty. You said "Yes". The judge then asked the state's attorney to state the relevant facts that the state would prove. The state's attorney then read a statement of facts while you stood there and listened. The judge then asked if those were the facts the state would prove beyond a reasonable doubt. You, and/or your attorney in your presence, would agree all those facts could be proven beyond a reasonable doubt. The judge then stated he or she finds your plea to be freely and voluntary made and sufficient to convict you, the plea would be accepted and you would be found guilty.

Is that what happened? If it is, to withdraw your plea you have to convince the court there was something wrong with the above colloquy or there were facts, unknown at the time of the plea, that made you not guilty. You cannot just say you changed your mind. Courts hate to relitigate such things and you have to have a very good reason for any court to allow a convicted person to withdraw a plea.

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Under IL rules (604(d), you have to file them both within 30 days after sentencing BUT you can't move to withdraw the plea if it was a negotiated plea. A negotiated plea of guilty is where  the prosecution has agreed to recommend a specific sentence, or a specific range of sentence, or where the prosecution has made concessions relating to the sentence to be imposed.

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I didn't practice in Illinois so i may be off base but where i did practice something like this would have occurred: if your lawyer was appointed, the judge would ask if you were satisfied with the services of your attorney. You said "yes". The judge asked if your attorney explained all the elements of the crime and that the state was required to prove each element beyond a reasonable doubt. You said "Yes". The judge asked if you were threatened to induce you to plead guilty. You said "No". The judge would asked if you were promised anything, other than what was in your written plea agreement to induce you to plead guilty. You said "No". The judge asked if you were pleading guilty because you were, in fact, guilty. You said "Yes". The judge then asked the state's attorney to state the relevant facts that the state would prove. The state's attorney then read a statement of facts while you stood there and listened. The judge then asked if those were the facts the state would prove beyond a reasonable doubt. You, and/or your attorney in your presence, would agree all those facts could be proven beyond a reasonable doubt. The judge then stated he or she finds your plea to be freely and voluntary made and sufficient to convict you, the plea would be accepted and you would be found guilty.

Is that what happened? If it is, to withdraw your plea you have to convince the court there was something wrong with the above colloquy or there were facts, unknown at the time of the plea, that made you not guilty. You cannot just say you changed your mind. Courts hate to relitigate such things and you have to have a very good reason for any court to allow a convicted person to withdraw a plea.

 

Very good description of the colloquy RetiredinVA. Very similiar in Illinois. Heard it many times. 

 

You're advice is absolutely right, "you have to have a very good reason for any court to allow a convicted person to withdraw a plea."

 

So, OP what reason are you stating to the court for your withdrawn plea?

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