Asked in Criminal Law for Massachusetts

Q: I accepted a continuation without a finding in Massachusetts earlier this morning. Can I withdraw my guilty plea?

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1 Lawyer Answer
Lefteris K. Travayiakis
Lefteris K. Travayiakis
  • Criminal Law Lawyer
  • West Roxbury, MA
  • Licensed in Massachusetts

A: There are very few and specific circumstances whereby someone can withdraw their plea - whether it was the next day or several years later for whatever reason.

When you went through the colloquy or change of plea, I imagine the Judge asked several and various different questions to make sure you understood that you were changing your plea and that you understood what rights you were giving up.

Consequently, although you can technically try to move to withdraw your guilty plea, you would have to demonstrate that the plea was defective in some way because either your attorney and/or the judge failed to advise you of certain rights; and/or that you were mislead and/or didn't understand everything that was going on.

If, however, the reasoning is because you feel now that you could have gotten a better deal or that you could have beaten the case at trial, you will have a more difficult time...

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