Q: If I want to take back a ple bargain because I did not know I was signing for a sec stoke how do i
A: A plea agreement with the prosecution can always be withdrawn by a defendant until it is presented to and accepted by a court. Once the court accepts the agreement, it may agree to a withdrawal if (1) both prosecutor and defendant make the request, or (2) there was some illegality in the manner in which the offer was made and accepted. Illegalities include instances where the court inadequately informed the accused of his rights and the consequences of the plea, or the defendant's attorney inadequately advised the accused. If the agreement has already been accepted by the court, discuss the matter of a withdrawal in full with an attorney, who will have to review the court's record to determine your best options. Good luck!
A:
THE MOST INTELLIGENT ANSWER WILL BE FROM THE LAWYER WHO REPRESENTED YOU. S/HE HAS ALL THE FILED/REPORTS/ACCESS TO COURT RECORDS ETC
CHANCES ARE YOU WERE ADVISED OF THE CONSEQUENCES.
GET A COPY OF THE COURT REPORTERS NOTES/VIDEO/RECORDING.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
