Q: Am I able to withdraw my guilty plea after I have been sentenced? I was misled by my public defender & was made to plea
Misled by public defender. Have all the paperwork of me saying not guilty. Have numerous notices of case where it was “last chance to accept”offer” or would automatically go to trial. I always said not guilty. The public defender did not represent me at all. I tried to fire him with a Judge Ferguson but was denied. The day of him making me plead “guilty” I was totally distraught. Every question the judge asked my PD gave me a thumbs up to answer yes. This judge who’s name I do not have could clearly see I was in distress. He asked me about it. I signed paperwork,ran out of courtroom & had a seizure in bathroom. My mom was with me & found me in the men’s bathroom & they called 911 to get help. Firefighters came & gave me a brown paperbag to breath in & out of until my heart rate went down. Do I stand a chance with any recourse? It has been close to 5 months now since sentencing.
A:
I am sorry to say that it is extremely difficult to withdraw a plead of guilty within hours or days of doing it let alone after 5 months. Yes the actions of what you experienced could be helpful IF the parties remember it OR it was noted on the recording. More likely is that the parties won't remember the circumstances and rely on the recording.
Additionally, Judges ask specific questions at the time of a guilty plea to ensure it is being done voluntarily and knowingly. For these reason I don't believe you would prevail.
Additionally, you would have to hire an attorney to make this argument for you and it wouldn't be cheap and most wouldn't take the case because they would believe it was a waste of money on your part but if you insist then you can spend your money for the prayer.
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