Withdrawing a Guilty Plea

If you have pled guilty to a crime and want to undo that plea, then you need an attorney that can help you withdraw a guilty plea. The process can be complicated, as the right procedure depends on the current status of your case.

If you have already pled guilty but have not been sentenced, then you can try to withdraw your plea by filing a Motion to Withdraw Guilty Plea. However, you need a legal reason to withdraw your plea, and buyer’s remorse or regret is not a valid basis. There may be legal issues with your plea that a person who isn’t familiar with the law wouldn’t recognize, so it’s always best to contact an attorney to discuss your options.

On the other hand, if you have already been sentenced, then you must file a Petition for Writ of Habeas Corpus to try and undo your plea. These are tougher and less successful than a Motion to Withdraw Guilty Plea, and the reasons that you can withdraw your plea after sentencing are much more strict than if you made the same request before sentencing.

No matter where your case is at, if you want to discuss the possibility of withdrawing a guilty plea, contact Nevada Defense Group today for a free consultation.