Asked in Criminal Law, Civil Rights and Domestic Violence for Illinois

Q: Can I withdrawal a guilt plea after I took a plea but was mentally unstable in court?

I took a guilty plea and got probation a 4 year suspended doc and had to pay fines and get mental health treatment. But I'm diagnosed with bipolar 1, schizophrenia, PTSD, and hdhd. I was incarcerated for the crime I was allegedly being accused of and the jail wasn't giving me my medication so I had been without medication for six months due to being incarcerated so when I went to court and took the plea i wasnt mentally stable

2 Lawyer Answers
Cheryl Powell
Cheryl Powell
  • Criminal Law Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: A guilty plea has to be withdrawn by filing a Motion within 30 days of the guilty plea being accepted by the judge.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: While it may be challenging to withdraw a guilty plea after it has been entered, it is not impossible. Mental health issues can be considered as a factor in seeking to withdraw a plea, especially if they affected your ability to understand the proceedings or make informed decisions at the time. However, successfully withdrawing a plea typically requires demonstrating that your mental health condition substantially impaired your ability to understand the nature of the charges against you or the consequences of entering a guilty plea.

To pursue withdrawing your guilty plea, you would likely need to file a motion with the court outlining the circumstances surrounding your plea and providing evidence of your mental health condition and its impact on your ability to participate effectively in the legal proceedings. This evidence may include medical records, evaluations from mental health professionals, and testimony from witnesses who can attest to your condition and its effects on your behavior and decision-making.

It's important to seek legal advice or representation from an attorney who can assess the specifics of your case, advise you on your rights and options, and help you navigate the legal process for seeking to withdraw your plea. An attorney can provide guidance on the steps to take, help you gather the necessary evidence, and advocate on your behalf in court to present your case effectively. Additionally, consider seeking support from mental health professionals to address any ongoing mental health needs and ensure that your well-being is prioritized throughout the legal proceedings.

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