How does a person withdraw a guilty plea in a federal criminal case?

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Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses the details of withdrawing a guilty plea in federal court.

Some people plead guilty and later want to withdraw that plea. In this short video, criminal defense attorney discusses the two questions that matter if a person is thinking about withdrawing a guilty plea. See more +

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses the details of withdrawing a guilty plea in federal court.

Some people plead guilty and later want to withdraw that plea. In this short video, criminal defense attorney discusses the two questions that matter if a person is thinking about withdrawing a guilty plea.

If you'd like more information for people facing federal criminal charges, under investigation for a federal crime, or trying to appeal a criminal conviction in federal court, please visit our webpage at:

http://www.thekaiserlawfirm.com

If you'd like more information, you can read our blog - which describes every published opinion in a federal criminal appeal where the defendant wins - you can read it here:

http://www.federalcriminalappealsblog.com

Video Transcript:

I talk to people who have pled guilty in federal court and they are trying to decide whether or not to withdraw their plea and this is as I see it it's really two questions. Can I withdraw my plea and the second is should you withdraw your plea and there are really separate questions.

Sometimes you can withdraw a guilty plea, you can do it if it's in the interest of justice it's what the language and the rule says and what that normally means is there is some problem with the conversation you had with the judge when you were entering your plea or your lawyer was ineffective, your lawyer didn’t do for you what he or she should have done for you when you were trying to decide whether to take the plea. Sometimes I had one case where my client we were able to convince the court that what he was accused of doing wasn’t a crime at all and someone else that already pled guilty in that case that person was able to get out of his plea agreement because he had pled guilty to something that wasn’t a crime. But those are pretty rare circumstances and so whether or not you can get out of a plea it's a tough question that you should talk to with the lawyer.

Perhaps more importantly is the second question – should you get out of the plea? Because if you get out of your plea that doesn’t mean you are done. What it means is you then have a trial, if you try to get out of your plea and you failed most plea agreements have language in there that says things get worse for you. So it's sort of a, if you are going to shoot the king, you have got to kill the king sort of situation. But really then you are in a place where you are trying to figure out do I want to go to trial. Maybe you do, maybe you got great evidence, maybe you have got something to say but on the other hand maybe you don’t and maybe you are not going to get another offer as good as that one you have already bid one. So if you are thinking about withdrawing a plea those are the two questions you should consider and consider carefully before you do it. See less -

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Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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