Motion to Change or Withdraw a Plea
In criminal cases, plea bargains are often made between the prosecution and a defendant. In a plea bargain or plea agreement, the defendant will plead guilty or no-contest to avoid trial, and often receive reduced punishment. It is crucial to work with a competent attorney throughout the criminal defense process so that you do not agree to an unfavorable plea deal, as it is extremely difficult to withdraw a plea after an agreement has been reached. Grabel & Associates represents Michigan criminal motions and appeals clients throughout courts statewide, and we will help you explore your legal options including the motion to change or withdraw a plea.
Criminal Defense and Appeals Attorney Help Withdraw Plea in Detroit, Ann Arbor, Grand Rapids, Lansing, and Throughout Michigan
Although judges are extremely reluctant to grant motions to change or withdraw a plea, it is possible in some criminal cases. The process of withdrawing a guilty plea in Michigan is extremely complex and often very difficult, and you will need a talented post-trial defense lawyer on your side. Contact Grabel & Associates now if you have been pressured into entering a plea, or if you have agreed to a plea deal in Michigan without being informed of the consequences. Our criminal motions and appeals lawyers have extensive experience protecting clients in criminal cases, and we will do everything we can to help you fight for a better case result.
Can I Withdraw a Guilty Plea in Michigan?
When you are facing criminal charges, you will have to enter a plea of guilty, not guilty, or no-contest. In many criminal cases, the prosecution or district attorney will offer a plea bargain, which allows a defendant to enter a plea of either guilty or no contest to either the charge presented or a less serious charge, based on certain conditions. A prosecutor will often promise to recommend a reduced sentence, however prosecutors don’t decide sentences and it is crucial to be aware of all possible consequences before accepting a plea agreement in Michigan.
When a defendant accepts a plea deal, he or she forfeits the right to appeal and other rights, which could drastically affect the outcome of the case. Unfortunately, some defendants are pressured into accepting a plea bargain without realizing they are forfeiting rights, or without truly understanding the agreement presented and possible consequences that could occur.
If you have accepted a plea bargain and need to withdraw or change your plea, work with a top Michigan law firm now for post-conviction legal defense. Grabel & Associates can help you explore legal options including a motion to change or withdraw a plea, a motion for a new trial, or a motion to have your sentence reduced.
How to Change or Withdraw a Guilty Plea in MI
Agreeing to a plea bargain has to be voluntary and done in full knowledge of the circumstances and potential consequences that could result. In cases where accepting a plea deal was not voluntary or if it was done with insufficient knowledge, it may be in the interest of justice to allow a defendant to change or withdraw their plea.
The quicker you act to secure a capable attorney, the better your result will be, and in criminal cases it is often much more difficult to change or withdraw a plea after sentencing, rather than after conviction but before sentencing.
There are multiple legal tools available for changing or withdrawing a plea, including a motion to withdraw or vacate a plea, or filing a writ of habeas corpus (which is required in federal court cases). A writ of habeas corpus, also known as a 2255 petition, is a request to bring an incarcerated person to court in order to determine if he or she has been justly sentenced. It is crucial to look at this legal option with an experienced attorney, who can determine what it will take to change or withdraw a plea in your Michigan criminal case.
Even if you have your case heard, a judge will still decide if your request will be accepted or denied, and in most cases requests are denied, especially if the defendant has not hired the best possible attorney. Judges will consider if you can legitimately claim innocence, if the plea bargain you accepted was fair, what reasons you may have for wanting to change or withdraw your plea, and if allowing you to change or withdraw your plea could lead to an unfair result or put the prosecution at a disadvantage. If you have entered a guilty plea under duress or threats, or if you agreed to a plea deal without knowledge of the circumstances or consequences, contact Grabel & Associates now. Our aggressive post-conviction defense strategies will help you fight for a better result throughout the complex post-trial process.
Our Approach to Criminal Motions and Appeals Cases
While it is very tough to change or withdraw a plea after a plea deal has been reached, there are some cases where a better case outcome could be possible because the defendant was coerced, misled, or acting based on little knowledge of the consequences. Grabel & Associates works with clients to determine the best legal strategies to consider and we will guide you through the steps you need to take in your post-trial criminal case. We have worked in many past criminal motions and appeals cases and understand how to review court records and present a compelling argument to the court. Work with our experienced team of Michigan post-trial attorneys and continue to work towards a just result.
Contact Grabel & Associates to Change or Withdraw a Plea
If you or a loved one has ben convicted of a criminal offense, don’t give up without exploring your post-conviction options. Call 1-800-342-7896 now for a free no-obligation consultation with an experienced analyst, or contact our law firm online. Ask to speak with trial lawyer Scott Grabel, who has experience working in the Michigan Court of Appeals and can help you understand how post-conviction cases work. Let us stand with you in your legal battle and work to achieve a more beneficial case result, contact Grabel & Associates from anywhere in Michigan right now.