Can you change your plea from guilty to not guilty and request a trial at anytime? 7 Answers as of April 16, 2012

Can you change your plea from guilty to not guilty and request a trial at anytime?

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Lutwin & Lutwin, LLP | Joel M. Lutwin
Not usually unless there are circumstances which warrant it - consult with a criminal attorney.
Answer Applies to: New York
Replied: 4/16/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Usually you plead not guilty and then if you or your attorney negotiates a favorable plea bargain, then you can plead guilty. If you have really already plead guilty but were not yet sentenced the your attorney should try to make a motion to vacate the guilty plea. You will need a good reason to vacate the plea, such as it is not a knowing and intelligent decision to waive your right to go to trial .
Answer Applies to: New York
Replied: 4/16/2012
Bruce Plesser | Bruce Plesser
Until you change your plea from not guilty to guily, you are not guilty.
Answer Applies to: Florida
Replied: 4/16/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can try to change your plea but the judge may not allow you to. The reason you need a great criminal lawyer is that he can analyze your case and advise you whether to accept a plea deal or to risk a trial. Many clients are not willing to accept good advice e and many lawyers are not capable of giving it or even persuading their client to take it. Clients are often in denial of their guilt or afraid to go to jail. Others listen to their friends, "jail house lawyers", or others. That is why you must tell your lawyer the truth and accept his advice if he is truly an expert and has your best interests at heart. Unfortunately, some lawyers tell you to do what is best for them and some clients just can't take good advice. For that reason you need to hire an honest, experienced lawyer and tell him if you are guilty. Most people who are guilty and who will be proved guilty should take the plea or they will risk going to jail if they lose at trial or commit perjury.
Answer Applies to: New York
Replied: 4/16/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
No. Not necessarily.
Answer Applies to: New York
Replied: 4/16/2012
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No. Once you've pled guilty, you also give what's known as an allocution, which means an admission of what you did wrong or an admission of guilt. In order to overturn that, you must present a very good basis to overturn it, such as mistake or being misled in some fashion or incompetence of counsel and even then, it's up to the Judge as to whether he/she allows you to withdraw your guilty plea at all. Speak to your attorney about this in detail before you pursue this approach because it can backfire on you if you withdraw your guilty plea, go to trial and then get found guilty. In those situations, the penalty is usually enhanced and you do more time than with a simple guilty plea because you put the system through more work and they will likely discover more about the case that will lead to a heavier sentence.
    Answer Applies to: New York
    Replied: 4/16/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    You are free to change your plea from Not Guilty to Guilty at any time; however, it does not work the other way around. You can only get your guilty plea back by special permission from the court, which is very difficult to get. In addition, you likely admitted under oath at the time of your guilty plea to committing the crime.
    Answer Applies to: New York
    Replied: 4/16/2012
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