Withdrawal of Plea – FAQs

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I was unaware that I would be deported if I plead guilty, is this good cause for me to withdraw my plea of guilty?

When you plead guilty to a charge, you should have been advised of any consequences that you may be facing, including deportation.  The United States Supreme Court has held that the defendant’s lack of knowledge of immigration consequences can constitute good cause to withdraw a guilty plea.

What should I do if I want to withdraw my plea due to ineffective assistance of counsel?

If you believe your lawyer provided inadequate representation you will need to retain new legal counsel. Your new lawyer will bring the motion on your behalf and will need to articulate to the judge in what specific ways your lawyer was not competent. In addition your motion will have to lay out how your lawyers lack of competence negatively impacted your case.

Why should I consider withdrawing my plea if I did not receive any jail time?

A number of people want to withdraw their plea, even if they received a good deal from the prosecution. There are many consequences that flow from a criminal conviction.  A criminal conviction may impact the status of your current employment or your ability to find gainful employment in the future.  Our attorneys can help you make an informed decision and go over all of the pros and cons and give you an opinion on what would be the best decision for you to make.

Will the prosecution’s original plea bargain be available if I am successful in withdrawing my plea?

No. Once you withdraw your guilty plea any prior offer made by the prosecution is revoked. In many cases prosecutors may demand that your case go to trial if you successfully withdraw your plea of guilty. This is why it is critical you do not make a final decision on whether to attempt to withdraw your guilty plea without first retaining experienced criminal defense lawyers like Wallin and Klarich to provide you legal guidance.

The court dismissed some of the charges in my case, but those charges were brought back after I withdrew my plea.  Can they do this?

If you are successful in withdrawing your plea of guilty, the case is restored to its status before you entered the plea.  This includes the revival of any charges that were dismissed. If you or a loved one need to make a withdrawal of plea, call Wallin and Klarich today at (877) 466-5245. We will be there when you call.

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