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Criminal Procedure • 14th Amendment
CRIMPRO#052
Legal Definition
A defendant may withdraw a guilty plea where (1) the plea was involuntary, (2) lack of jurisdiction, (3) ineffective assistance of counsel, or (4) failure to keep a plea bargain.
Plain English Explanation
Generally, the courts will not disturb guilty pleas after sentencing, as they are treated as contracts. However, just like with contracts, some circumstances will justify voiding their enforcement. There are 4 circumstances that can void a guilty plea, allowing the defendant to withdraw it:
(1) The plea was involuntary, meaning that it was coerced or forced in some way.
(2) If the court where the defendant pled guilty didn't actually have jurisdiction over the defendant, then the plea can be withdrawn since the court shouldn't have heard the case in the first place.
(3) Ineffective assistance of counsel, which is covered in another card. Put simply, if counsel is incompetent and failing to properly do their job.
(4) Because plea bargains are basically contracts, there are terms that both parties must abide by. If the government breaches the plea bargain by failing to do what they agreed to do, then the plea is allowed to be withdrawn.
(1) The plea was involuntary, meaning that it was coerced or forced in some way.
(2) If the court where the defendant pled guilty didn't actually have jurisdiction over the defendant, then the plea can be withdrawn since the court shouldn't have heard the case in the first place.
(3) Ineffective assistance of counsel, which is covered in another card. Put simply, if counsel is incompetent and failing to properly do their job.
(4) Because plea bargains are basically contracts, there are terms that both parties must abide by. If the government breaches the plea bargain by failing to do what they agreed to do, then the plea is allowed to be withdrawn.
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