Your Appeal Is Your Last Best Chance To Right A Wrong

Photo of Scott M. Davidson

Can you withdraw a guilty plea in a criminal case?

On Behalf of | Nov 1, 2022 | New Mexico State Criminal Appeals

Deciding how you’re going to handle criminal charges is a complex undertaking. If you’re a defendant, you have to have some measure of trust in your defense team. Many of these cases work through the criminal justice system without any issues, but there are some cases that involve problems. 

One decision you have to make is how you’re going to plead to the charges against you. Typically, you can choose guilty, not guilty, or no contest. The plea you enter sometimes has to do with whether you were able to work out a plea deal with the prosecution or not. 

What happens if you plead guilty?

If you plead guilty to the charges, you’ll be sentenced accordingly. It’s often possible to withdraw that guilty plea if you haven’t yet been sentenced – for almost any reason. You can change your mind about accepting the plea because you want to assert your right to a trial, for example. 

After sentencing occurs, it’s sometimes possible to withdraw a guilty plea. There are some very specific circumstances in that you may be able to do this. For example, you might be able to withdraw the guilty plea if you didn’t get the concessions that were part of the plea deal or if you had ineffective assistance of counsel.

Understanding your rights during a criminal matter can be a complex undertaking – and not everything always goes as planned. If you believe that you should be allowed to appeal your conviction or rescind a guilty plea, you need to act quickly to protect your interests and your future.