Bad Axe, MI asked in Criminal Law for Michigan

Q: I want to change my plea to not guilty, my lawyer lied to me and I don't get sentenced for 2mth,Do I write him a letter

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2 Lawyer Answers
Dana B. Carron
Dana B. Carron
Answered
  • Criminal Law Lawyer
  • Detroit, MI
  • Licensed in Michigan

A: Notify the court and your attorney, in writing, as soon as possible, that you want to withdraw your plea. If you wait until sentencing, they will likely deny plea withdrawal by saying you were only influenced by the sentence that you expected to get.

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Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: You cannot simply change your mind about a plea. There needs to be reasons; and it needs to be more than just what you are stating here. But yes, if you are intent on changing your plea, it's best to have your lawyer put in the motion now.

You should keep in mind that you will be sentenced based on the terms of the plea offer put on the record at the time of your plea; it will not matter what your attorney said or promised you. And before you go ahead and ask for plea withdrawal, keep in mind that if the court allows you to take back your plea, you will face a trial on all charges without any other agreement.

You may have more particular reasons for wanting to change your plea now, but I often find when people ask for this sort of thing before sentencing, that they are nervous because the judge indicated the maximum possible penalty - which they are required to say - and that differs maybe from what the attorney may have told them is likely to happen at sentencing. Your attorney - hopefully - has a lot of experience being in front of your judge, and so to some extent, you may want to think about trusting their opinion.

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