Can I Withdraw a Guilty Plea After Sentencing in Florida?

Yes, in Florida, it is possible to withdraw a guilty plea after you’ve been sentenced. However, it is considerably more difficult than withdrawing the plea prior to sentencing. First, you must file a motion to withdraw plea within 30 days of the sentence and demonstrate that a “manifest injustice” would occur if the plea were not withdrawn. This is a considerably higher standard of proof than showing “good cause.” In this article, the Tallahassee criminal defense lawyers at Luke Newman, P.A., will discuss when and how to withdraw a guilty plea after sentencing in a Florida criminal case.

What are the grounds for withdrawing a guilty plea after sentencing?

 If you want to withdraw your guilty plea after you’ve been sentenced, your motion will need to be based on one of the grounds specified in Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)(a)-(e). This includes:

• Lack of subject matter jurisdiction – You must prove that the court that accepted your plea did not have the legal authority to oversee your case.

• Violation of the plea agreement – You must show that the prosecution failed to uphold their end of the bargain.

• Involuntary plea – You must prove that the plea was not entered into voluntarily. In other words, you must show coercion, misunderstanding, or misrepresentation. You could have been mentally unstable at the time you agreed to the plea.

• Sentencing error – You must prove that a mistake occurred during sentencing that violates your rights or exceeds allowable penalties.

• Ineffective assistance of counsel – You can argue that your attorney was so bad that it constituted a manifest injustice. This could involve your attorney failing to properly advise you on the consequences of taking the plea or pressuring you to accept the deal.

• Violation of constitutional rights – You can argue that the plea was accepted in a manner that violated your constitutional rights. This could involve not being informed of your rights before taking the plea, such as the right to remain silent or your right to a speedy trial.

• Newly discovered evidence – If evidence emerges that could have significantly altered the outcome of your case, you may be able to demonstrate that the conviction was based on a flawed foundation. This requires a clear demonstration of actual innocence based on new and reliable evidence.

Should I withdraw my plea? 

Withdrawing your plea after sentencing is no guarantee of a better outcome. The prosecution could pursue a harsher penalty. If your case goes to trial, you could also face a harsher penalty. It’s important to consult with an attorney when considering whether to withdraw a plea. Whether or not you should withdraw your plea will depend on your individual circumstances.

Talk to a Tallahassee, FL, Criminal Appeals Attorney Today 

Luke Newman, P.A., represents the interests of Tallahassee residents who are considering an appeal of their conviction. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.