Crime & Traffic
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Taking back a plea
A plea withdrawal motion asks the judge to let you take your plea back. It is filed with the circuit clerk where you were convicted. It must be in writing, and explain why the judge should allow you to change your mind.
A court will let you withdraw your guilty plea only to correct a manifest injustice, which means:
- You did not understand what you were doing,
- There is doubt about your guilt,
- You have a valid defense to the charge, or
- Justice will be better served by letting a jury decide your guilt.
If you were convicted after pleading guilty, you must file a motion to withdraw the guilty plea or to reconsider your sentence before you can file an appeal of your conviction or sentence. This motion must be filed within 30 days after you are convicted by the court.
Last full review by a subject matter expert
June 30, 2021
Last revised by staff
June 30, 2021
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