Q: I have been charged with first degree sexual assault on a minor child and was basically tricked into a plea deal because
My attorney did not fully look at the evidence prior to starting the facts of the dna results he said I better take the plea deal to limit the exposure to prison. Come to find out the results were not conclusive and stuck with the plea and sentencing on March 31st any thing I can do to get out of this?
A:
Not sure from the wording of your questions. If you haven't entered your plea yet, you don't need to go forward with pleading to something you don't want to plead to on 3/31. You can let your attorney know that you don't plan to enter the plea and want to go forward with trial. If you have already entered your plea and sentencing is set for 3/31, then you can attempt to withdraw your plea before the sentencing hearing date. From the facts you describe, it isn't clear whether you have legal grounds to withdraw your plea but it is much more difficult to try to withdraw your plea after sentencing then before sentencing.
Before you take any action, you really need to talk with your attorney further about your concerns and your best course of action. You are talking about a very serious charge and your attorney will likely be willing to spend the time with you to make sure you two are on the same page when deciding whether to agree to a plea agreement or to go trial.
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