DALE CARSON LAW

A criminal defendant in Florida has the right to withdraw a plea under special circumstances. He shall start by filing a motion to withdraw the plea, this must be done within 30 days of the entry. So, that’s the first hurdle and, probably, the most common hurdle. The courts will not give the application any thought if the period to file the motion has already lapsed. The reason behind this is to make sure that the process of the judiciary remains efficient and fixed, hence no indefinite postponements in the proceedings.

The second hurdle to withdraw a plea is determining if there is a legal basis to do so. To attack a plea, there are several potential consequences or specific legal rights that can be addressed in the course of that motion. The judge must ensure that the defendant fully understands the charges, the consequences of his plea, and that he has done so without any force or unfair influence. Otherwise, plea withdrawal might be allowed if it can be shown that the judge failed in his duty or if there was any indication that the plea process was misunderstood.

Basis to Withdrawing a Plea

Other possible grounds to withdraw a plea are newly discovered evidence, lack of lawyer support, or constitutional infringement. The arrangement of the claim is out of the ordinary, and the motion will fail if the details and surroundings are not correct, which is what the judge examines. Furthermore, the most common way that a plea is attacked is if the judge fails to ensure that the plea is entered knowingly, willingly, and voluntarily. If we can attack any of those bases, and that’s generally something that comes up in the course of the plea itself, then we may well be able to have a plea withdrawn.