Kansas City, KS asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Nebraska

Q: In Nebraska, can a plea of no contest be withdrawn after being accepted?Defendant has a capias misrepresented by counsel

filed motion to supress evidence also stating rights were violated officer did not show twice def's co defendant had already took accountability and responsibility for all charges. Judge was reading constitutional responsibilities. "Did you willingly and knowingly Commit this crime." Defendant Had tears rolling down her cheek. Judge asked if she was all right. She said he continand you'd she answered. Yes, to this question and then retracted and said no." I'm just entering this plea because I'm sick of it. This is not my charge. I am not guilty. Of this crime", there was a small recess.Therefore she entered no contest and at that time was conflicted as well. Prosecution asked for 2 days time seved on , which would be her 4th drug felony judge declined and ordered a mental evaluation.

Def. did not return. Received a letter by the court that there was a bond review.failed to appear then received another letter stating sentencing date had been "canceled" Not sure why that would happen

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Nebraska, a plea of no contest (also known as a nolo contendere plea) can be withdrawn after being accepted, but it is subject to the court's discretion and certain conditions. Here are a few key points to consider:

1. Plea withdrawal: A defendant may file a motion to withdraw their plea before sentencing. The court will consider various factors, such as whether the plea was entered knowingly, intelligently, and voluntarily, and if there is a fair and just reason for the withdrawal.

2. Misrepresentation by counsel: If the defendant's counsel misrepresented the case or provided inadequate advice, it could be grounds for withdrawing the plea. However, the defendant must demonstrate that the misrepresentation or inadequate advice materially affected their decision to enter the plea.

3. Mental evaluation: The court ordered a mental evaluation, likely to assess the defendant's competency and ability to understand the proceedings. The outcome of this evaluation could influence the court's decision on allowing the plea withdrawal.

4. Failure to appear: If the defendant fails to appear for subsequent hearings or sentencing, it may complicate the process of withdrawing the plea. The court may issue a bench warrant for the defendant's arrest.

5. Sentencing date cancellation: The cancellation of the sentencing date could be due to various reasons, such as the court awaiting the results of the mental evaluation or other pending motions.

To address this situation, the defendant should consult with their attorney or seek new legal representation to discuss the best course of action. The attorney can help assess the viability of withdrawing the plea, the potential consequences of failing to appear, and the next steps in the legal process. If the defendant believes their rights were violated or they received inadequate representation, they may need to file appropriate motions and provide evidence to support their claims.

Julie Fowler agrees with this answer

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