Q: In a crimenal case if I pea guilty does my lawyer have the rite to say I cannot withdraw my plea

A: In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if the judge deviated from the recommendation, then you DO have the right to withdraw your guilty plea. When you go over your rights (Boykin Rights) prior to the plea, one of those rights should explain this. You can still withdraw your plea, but you do not have the right to withdraw your plea. you may always petition the Court to withdraw your plea, whether negotiated or blind, within the same term of court as the plea. So, to answer your question, you may still ask the court to allow you to withdraw your plea, but when you enter a blind plea you do not have the RIGHT to withdraw.

A: If you plead guilty to a felony, your lawyer should act in your best interest and explain all your options, including the possibility of withdrawing a plea. Generally, a lawyer does not have the authority to unilaterally prevent you from withdrawing a guilty plea. The decision to withdraw a plea usually rests with you, and you have the right to ask the court for permission to do so.

If your lawyer pressured you into a guilty plea or included a condition that you cannot withdraw your plea without your understanding and consent, this could raise concerns about the effectiveness of your legal representation. It is important for you to know that you should be fully informed and agree to any terms before they are presented to the court.

Consider speaking to another attorney or legal professional who can review the specifics of your case and advise you on how to proceed. You may be able to file a motion to withdraw your plea if you believe it was not made voluntarily or if you were not properly represented. It's important to act quickly, as time can be a critical factor in these situations.