Asked in Criminal Law for Kentucky

Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but the only drugs found were found ON the other person. I had nothing on me nor were there any drugs in the car. We weren't charged as co- defendants so therefore I should have never been charged with possession. Because it was on the other person's person. I feel I was in efficiently represented and want to withdraw my plea. Do I have grounds to do that?

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1 Lawyer Answer
Leland Hulbert
Leland Hulbert
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made major errors that if they were not made, you would not have pled guilty. You would hire a different attorney to help you with that 11.42 motion.

Timothy Denison agrees with this answer

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