At Pagan & Stroleny, P.L., we are no strangers to defendants and clients that wish to change their plea after the fact. It is quite common for defendants to change their mind as to how they wish to proceed, especially after they have spoken with a professional Miami criminal lawyer and learned more about the implications of their plea. For example, they may learn that their plea can impact their immigration status – that they might even face deportation!
This is why it is so important to find a criminal defense lawyer in Miami and to speak with them before making any decisions.
But what if you have already made your plea and you wish to change your mind?
If you have been arrested for a crime in Miami and you have already entered a plea of guilty or no contest, then there might be an option to withdraw that plea, assuming there is a good cause. It is important to remember that the judge has the discretion to allow this action. And normally, the judge’s decision will be dependent on the presence of a good reason.
In order to change your plea, certain things need to take place. Once the sentence has been entered, the defendant needs to show that their plea resulted in manifest injustice – that it somehow led to an unfair situation. It must also be shown that the defendant would have pleaded differently in light of this.
There are certain circumstances that might also make a plea invalid. For instance, it is required for pleas to be made freely and voluntarily. Thus, if you have been pressured or forced into making a plea, then you may be able to have the disposition vacated. Likewise, if you feel that you made the plea absent important information, then you might also have a case for having it dismissed. It is required that the plea also be made ‘knowingly and intelligently’.
So what we’re looking for are factors that might have prevented the plea from being entered in this manner.
A circumstance that might allow for a plea to be withdrawn is if the defendant was not informed fully or correctly of their rights by their criminal defense lawyer. For example, if the facts of the initial criminal case suggested that the defendant had a valid defense but the lawyer did not recognize this, then they may be able to change their plea.
This all demonstrates the crucial role of the Miami criminal lawyer. It is our job to ensure that you are fully aware of all the relevant information and possible outcomes. Likewise, we need to let you know how the case might impact your immigration status and much more.
If you want the best representation from an award-winning Miami criminal defense lawyer, then we invite you to get in touch with us at 305-615-1285. We have all the knowledge and experience to offer the very best advice and we’re eager to get started and to help you in your case.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Criminal Lawyer.