Kent, WA asked in Criminal Law and Civil Rights for Washington

Q: What is the first step in withdrawing my plea?

I found an email between my lawyer and prosecutor. Don't know why he sent them to me but the prosecutor says my speedy date is set to run out before my trial date. Him and my lawyer both ignored it. I later signed a plea a year later due to my public defender needing time to look at the case which he never did. I'm signed the same plea as the previous lawyer negotiated.

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1 Lawyer Answer
Patrick Owen Earl
Patrick Owen Earl
  • Criminal Law Lawyer
  • Moses Lake, WA
  • Licensed in Washington

A: If you entered a guilty plea before the end of your outside date, with the assistance of counsel and there was a written statement that you agreed made you guilty of the crime you plead guilty to it would be very difficult to get the court to allow the withdrawal of your guilty plea.

Outside dates are almost always close to and around the time of when I trial is set so IF you weren't informed of the outside date issue and the court messed up by setting it past the date and you can show prejudice then maybe you can get it withdrawn BUT do they have a strong case against you? Would you lose anyway because a withdraw doesn't necessarily mean that the matter gets dismissed.

Good Luck to you

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