Bradenton, FL asked in Criminal Law for Florida

Q: I have been charged with the same charges of which I have already been convicted on and I was re-arrested

I have already taken a plea but I have not been sentenced yet what motion can I file to withdraw a plea and resume research into this case

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: If yours is a State court prosecution, you could move to withdraw the plea. If the plea has not been "accepted", you can move to set it aside with almost no justification. If the plea has been accepted, you will need to show good cause. If, as you say, you have already been convicted with the same charges for the same conduct, then double jeopardy may bar a second prosecution. I'm not sure how your lawyer would not have realized that problem if you had brought up the issue. The double jeopardy issue could range from straightforward and simple, to confusing and complex. Whatever you decide to do, you need to do the due diligence now, and certainly while the lawyer would still have the opportunity, after full consideration, to file those motions deemed appropriate to address your concerns and the potential double jeopardy issue.

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