Can I Withdraw my Guilty Plea?
Many people who are on probation regret pleading either no contest or guilty and want to take it back. The decision as to whether or not to accept a plea deal is a tough one. Many times, the Public Defender will advise someone to accept a plea rather than fight the case. Each case is different and each person in different. Some people because a of a drug problem, a bi-polar condition or economic circumstances simply will not make it. In our criminal defense practice we often encounter situations where the person is facing a probation violation and simply does not know what to do.
In order for it to be a violation of your probation, the violation has to be wilful and substantial. If you do not pay restitution or your costs of supervision often it is simply because you do not have the money. If you do not get counseling or attend a drug program, often, it is a matter of either not having the money or not being able to miss work. If you dropped a dirty urine, there may be a legitimate explanation. For example, did you know that eating a poppy seed bagel will make you test positive for Opiates? As a criminal lawyer, almost every week I speak to someone who wants to withdraw their plea. Is that possible?
Withdrawing a plea is incredibly difficult. You have to show that the plea was not “voluntary” or that you were not advised of the consequences. For example, a drug conviction often results in the suspension of your driver’s license for two years. Often a plea to almost any criminal offense can result in deportation or exclusion if you travel outside of the United States and try and return. You may find it difficult to get a job on probation because you probation officer comes to your place of work.
The simple answer is you need to have an experienced criminal defense attorney look at your case. Not all lawyers are created equal. You may have initially had an inexperienced lawyer give you bad advice. You may have been pressured into a guilty plea. You may think the deck is stacked against you and your situation is hopeless. Call for a free consultation and we should be able to give you an honest answer as to what your chances are. We can look at the Court record and review your case. Do not wait until you are violated and arrested.
Call today at 239 334 8890 in Ft. Myers or 941 366 3506 in Sarasota