Q: I have court this a.m. for sentanceing can I try to withdraw my plea?
Really my attorney I don't like her. She had me take a plea and I think I should not have. It's for a 5th degree but only half the evidence was sent to bca. And besides that I had not known the amount was only .25 it's for a fifth degree she did not tell me it was such a small amount not till the prosecutor had said the amount when I was taking the plea did I realize that I was taking this plea for a quarter gram.
A: A quarter gram is absolutely enough controlled substance to charge out a 5th Degree Possession.
A: Can a defendant move (ask the judge) to withdraw their guilty plea at a sentencing hearing? Yes. Is that a good idea? Maybe not. Minnesota has a relatively recent law reducing some "Controlled Substance 5th Degree Possession" cases from a felony to a Gross Misdemeanor if the amount is 0/25 grams or less, and the person has no prior drug cases. Sometimes, the defense attorney may negotiate a case down to a Gross Misdemeanor level, even when the State claims to have more the 0.25 grams. There are a many possibilities - too many to guess at there, based on the little info provided in the question. Bottom line: discuss your concerns with your lawyer before the sentencing hearing.
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