Phoenix, AZ asked in Criminal Law for Arizona

Q: Do you know of any unemployment fraud cases that were dropped from a felony to misdemeanor with a prior felony

Originally agreed to a plea but would now like to withdraw guilty plea before sentencing

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: It is exceedingly difficult to withdraw a plea. I would highly discourage you from doing so without being advised by a competent criminal defense attorney that in your specific case that is wise. If you are already a felon and you felt like you could live with the terms of the agreement at the time you entered your plea, it is difficult to envision a (reasonable) set of circumstances under which it would make sense for you to now attempt to withdraw your plea in some hope of getting your felony reduced to a misdemeanor. It sounds like you have buyer's remorse. That is hardly justification for withdrawing a plea. A plea can normally only be withdrawn when the defendant can show that they did not understand what they were pleading to. If you attempt to withdraw your plea against your counsel's advice, I predict you will not be happy with the result.

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