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
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.
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.
