If you’ve entered a plea deal and been sentenced, can you change your mind and withdraw from the plea? The short answer is “maybe,” but it’s definitely not easy. Once you’ve been sentenced, your options for pulling out of it become more limited.
Maryland courts tend to uphold plea agreements to ensure the stability of the judicial system. Therefore, you must show that there’s a legitimate reason for the withdrawal.
Grounds for withdrawing a plea deal
Courts will only allow you to withdraw a plea deal if it’s in the best interest of justice. There are a few circumstances under which you may be able to withdraw your plea after sentencing.
One of the grounds for withdrawing a plea deal after sentencing is if your attorney provided ineffective assistance, such as failing to adequately explain the consequences of your plea or making significant errors that affected your ability to make an informed decision. For instance, you may have a case to withdraw your plea if you were not fully informed of the potential penalties or your legal rights.
Similarly, the court can set aside the judgment and allow you to take back a guilty plea if you were coerced, threatened or unduly influenced into accepting the deal. Plea deals should be entered into voluntarily, and the court may allow you to withdraw your guilty plea to ensure fairness in the legal process if it’s found your decision was made under duress.
The process, in a nutshell
Withdrawing a plea deal after sentencing involves filing a court motion within a specific time frame. The court will schedule a hearing where the defense and prosecution can present their arguments. The judge will then make a decision on whether to grant the motion.
It can be so complicated from a legal perspective, and it helps to have qualified guidance to help you navigate the situation. It also amplifies the need for an informed decision when offered a plea deal, especially considering the challenges of reversing that decision once you’re sentenced.