Can I change my plea later on?

Can I Change My Plea Later On?

If you have already entered a guilty or not guilty plea in your criminal case, you may be wondering if it’s possible to change your plea later on. The short answer is – sometimes. However, changing an already entered plea is not automatic. This article explains how plea changes work and when they may or may not be allowed.

Plea Withdrawals vs. Plea Changes

There are two possibilities if you want to alter your plea:

• Withdraw your plea completely (plea withdrawal)
• Change from not guilty to guilty or vice versa (plea change)

The procedures and legal standards for plea withdrawals and changes are different, as explained below.

Withdrawing a Guilty Plea

Withdrawing a guilty plea means taking it back entirely and changing to a not guilty plea. Reasons someone may want to withdraw their plea include:

• They entered the plea hastily or under coercion
• They did not understand the plea terms or consequences
• They have a valid legal defense they now want to assert
• There are good reasons the plea should be thrown out

However, withdrawing a guilty plea after it has been formally accepted is not easy. Strict legal standards apply.

Must Show a “Fair and Just” Reason

To withdraw a guilty plea, you must show a “fair and just reason” to the court. Valid reasons include:

• You received ineffective assistance of counsel
• The plea was involuntary or coerced
• You did not understand the plea’s consequences
• New exculpatory evidence has been discovered

The burden is on you to demonstrate a compelling basis for plea withdrawal.

Timing Issues

Courts are much more receptive to plea withdrawals filed quickly after the plea was entered compared to later on. It depends on:

• How long after pleading guilty did you move to withdraw it?
• What event triggered your request to withdraw?
• How soon before trial did you file the withdrawal motion?

The later you wait, the less likely the court will allow plea withdrawal.

Prejudice to the Prosecution

Courts also consider whether the prosecution would be unfairly prejudiced by plea withdrawal. Relevant factors are:

• Have witnesses become unavailable?
• Has evidence been lost or compromised?
• How much time has passed since the guilty plea?

If too much time has passed or witnesses/evidence are missing, your request may be denied.

Withdrawing a Not Guilty Plea

Withdrawing a not guilty plea is generally easier than withdrawing a guilty plea. Reasons you may want to include:

• You reached a favorable plea deal with the prosecution
• You now want to plead guilty “straight up” without a deal
• You decided your best option is to plead guilty

There is no “fair and just reason” standard. Courts readily allow not guilty pleas to be withdrawn to facilitate guilty pleas.

Changing Plea from Guilty to Not Guilty

Changing directly from guilty to not guilty is difficult but may be allowed if:

• You can show your guilty plea was invalid or involuntary
• New evidence proves your innocence
• The court improperly took your plea

You typically must meet the same “fair and just reason” standard as a plea withdrawal.

Changing Plea from Not Guilty to Guilty

Changing directly from not guilty to guilty is routine. Reasons include:

• Reaching a plea bargain with the prosecution
• Deciding to plead guilty without a deal
• Realizing you have no viable defense

Courts freely allow not guilty pleas to be changed to guilty pleas.

Can I Change My Plea on the Day of Trial?

Yes, in most cases you can still change your plea on the day of trial, but this is not ideal. Potential issues include:

• The judge may view this as a delay tactic
• It may be too late to avoid trial preparation costs
• You lose leverage and look desperate
• The deal offered may be less favorable

While possible, last minute plea changes are risky and not recommended.

Does My Plea Change Need Court Approval?

Yes, all plea changes and plea withdrawals must be approved by the judge after reviewing your motion and supporting evidence. The judge may:

• Grant the plea change request
• Deny the request and keep the original plea
• Schedule a hearing to question you about your reasons

There is no guarantee your plea change request will be granted.

Can the Judge Reject My Guilty Plea?

Yes, in rare cases the judge may reject a guilty plea. This can happen if:

• You claim innocence while pleading guilty
• The judge suspects coercion
• You show significant confusion or incompetence
• The plea lacks an adequate factual basis

Judges want to ensure guilty pleas are informed, voluntary and factually supported.

Should I Hire a New Lawyer to Seek a Plea Change?

If your plea withdrawal or change request is based on your lawyer providing ineffective assistance or coercion, it may be wise to hire a new attorney. A new lawyer can provide an objective view of whether you have valid grounds for a plea change or withdrawal.

Getting Legal Advice

The plea change process is complex, so get experienced legal advice. Key steps include:

1. Consulting with your criminal defense attorney
2. Having your attorney file the formal motion and legal brief
3. Attending the plea withdrawal hearing if one is scheduled
4. Following all court instructions if your request is granted

With skilled legal help, you may be able to change your plea successfully in appropriate circumstances.

References

[1] https://www.nolo.com/legal-encyclopedia/withdrawing-guilty-plea.html

[2] https://www.justia.com/criminal/pleas-bargains/plea-withdrawal/

[3] https://www.lawyers.com/legal-info/criminal/criminal-law-basics/change-of-plea.html

[4] https://www.nycourts.gov/judges/cji/1-General/CJI2d.Pleas_&_Plea_Bargaining.pdf

[5] https://www.shouselaw.com/ca/defense/penal-code/1018/

[6] https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/can-change-my-plea.htm