Minneapolis, MN asked in Criminal Law for Minnesota

Q: I feel like I was misrepresented

I took a plea deal for 60 months on 2nd degree drugs and to toss out the gun which there was no prints on or DNA I was set for ras on 3/8 but due to the prosecutor not being ready because the big floyd case going on I was supposed to be let go until they was ready to proceed with trail I was represented by a Public defender that didn't give me all the facts about my case and did not help me not one bit my Probation officer was told I was gonna be let out until they was ready for trail I was never told that at all I'm waiting to be sentenced now on ehm I was never told I would have to be on home monitoring until the day of court I want to take my deal back and fully fight this case I feel like they lied to me and muscled me into taking a deal

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3 Lawyer Answers
William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: This is information you should communicate to your public defender so that they can draft and file a motion to withdraw your plea. If you are unhappy with your public defender, you should hire a private attorney.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: You should address this matter with your public defender or hire a private attorney to help you file a motion to withdraw your guilty plea. You do not have an absolute right to withdraw your guilty plea. That will be up to the judge to consider.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: You can draft and file with the court, a motion to withdraw plea. Ask your Public Defender to help with that; or retain a private attorney to help do so. Though a judge can grant or deny such a motion, the legal standard for plea withdrawal is much more stringent after sentencing. So it would be far more difficult to successfully withdraw a plea after sentencing. Therefore, if a person intends to make a motion to withdraw a plea, they should to do before sentencing and the sooner the better.

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