Q: My attorney refuses to file a motion to withdraw guilty plea.
I have never seen any of my case file.
I have never been given a copy of what my attorney told me to sign.
My attorney refuses to allow me to withdrawmy guilty plea, and he changed the terms of the plea less than 5 minutes after I signed it.
He doesn't answer or return my calls.
He tried to get me a new charge by waiting until 6pm before 10am court to tell me I would be drug tested at the hearing.
I paid him a lot of money, and a 1st year law student could get it dismissed using the police report alo e, and he will not even try.
A: Under Missouri law, a defendant can ask to withdraw his guilty plea if he can show that he was misled or induced to enter a plea of guilty by fraud, mistake, misapprehension, coercion, duress or fear. There are generally no time limits for filing a Motion to Withdraw a Guilty Plea under Rule 29.07(d), but keep in mind that if you pleaded to a felony, than your relief might be limited to Rule 24.035, whereas if you pleaded to a misdemeanor, then your only avenue for relief would be to file a motion to withdraw your guilty plea under Rule 29.07(d) because relief is not available under Rule 24.035 for misdemeanor offenses. You should consult with a different attorney to explore your options to possibly withdraw your guilty plea.
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