Northampton, PA asked in Sexual Harassment and Criminal Law for Pennsylvania

Q: If someone pleads guilty but retracts it and says he is innocent does that effect the outcome of finding him innocent?

My uncle is in jail for raping a 10 year-old girl but there was evidence that proves he can not get an erection wothout medicine whivh he was not taking but he pleaded guilty but retracted it.

1 Lawyer Answer
Zak Taylor Goldstein
Zak Taylor Goldstein
  • Criminal Law Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: How did he retract it? If you plead guilty, you can file a motion to withdraw the guilty plea prior to sentencing. If you do not file it prior to sentencing, you can file a motion to withdraw the guilty plea for ten days after the sentencing hearing. If you do not do that, you would have a difficult time undoing a criminal conviction. You can also file a PCRA within a year of sentencing arguing that your atorney was ineffective in recommending a plea under those circumstances, but those are quite difficult to win.

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