We talk about plea deals on the blog all the time because they can be an avenue to help clients ensure they avoid a worst case scenario when it comes to their criminal charge. When working with our team, we always make sure that clients know exactly what they are agreeing to when they sign a plea deal, but that doesn’t mean you’re always sure you made the right decision after your signature is on the agreement. If you agree to a plea deal, are you ever allowed to withdraw it in Minnesota? In today’s blog, we take a closer look at whether or not you can withdraw a guilty plea in Minnesota.
Withdrawing A Guilty Plea
Whether it is a change of heart or as a result of new evidence that comes to light, it’s possible that an individual will decide that they want to withdraw their guilty plea. But can you even do that once you’ve signed the agreement, and even if you were able to withdraw your plea, don’t you think the judge or jury would consciously or subconsciously use that knowledge of your previous plea in their decision making process during trial? Here’s how Minnesota handles guilty plea withdrawals.
Per guilty plea rules, “At any time the court must allow a defendant to withdraw a guilty plea upon a timely motion and proof to the satisfaction of the court that withdrawal is necessary to correct a manifest injustice. Such a motion is not barred solely because it is made after sentencing. If a defendant is allowed to withdraw a plea after sentencing, the court must set aside the judgment and the plea.”
In other words, you can have your guilty plea withdrawn if you can prove to the court that it is necessary to correct a serious injustice. But what would qualify as a serious injustice? It’s a bit interpretive, but some potential injustices that could allow you to withdraw your guilty plea include:
- Newly discovered evidence
- Ineffective legal counsel
- No evidence that the plea is truthful
- It turns out that evidence was obtained illegally
- Incorrectly informed about what you were signing
Also, judges and juries are required to not use information of a withdrawn plea in their decision making process when the case goes to trial. Instead, only the facts of the case that are presented during trial should be used to determine a person’s innocence or guilt.
Finally, it’s also worth noting that just because a person wants to withdraw their plea deal, it doesn’t mean that they have to plead not guilty to the charge that was presented. They can plead whatever they feel is right without needing to put forth a not guilty plea, although that is what most people do.
If you are considering withdrawing your plea deal, regardless of whether it’s one day after signing the agreement or after your sentencing hearing, it’s important that you talk with a lawyer. It’s not as simple as just asking for it to be thrown out, you’ll need to prove that the withdrawal is to correct a serious injustice. Your lawyer can help create an argument that showcases that your withdrawal is for good reasons and help get your original plea deal thrown out. For more information, or for help with your case, reach out to Avery and the team at Appelman aw Firm today at (952) 224-2277.
