Q&A: Plea Withdrawal – Manifest Injustice
Question:
My boyfriend was hanging around with some people. He stabbed a guy and its not a serious injury but the vicitum just got scratches and that was about it. He was going to go through trail which his defenses were saying his max is 10-15 years for assult with a deadly weapon and this is his first offense. So he did a plea bargin and they are saying 6 years, is that good or bad. Now he wants to go through with the trail and he signed the plea bargin can he go back for a trail? Would that be good for him or not ?
Answer:
In order to withdraw from a plea agreement, your boyfriend must show the court that to proceed with the plea offer would constitute a “manifest injustice”. This is a difficult burden to meet and withdrawal is rarely granted. However, if your boyfriend is allowed to withdraw from the plea, he should consult a qualified and experienced criminal defense attorney privately to review the facts of the case and determine the best strategies to implement in defending his case. Absent a thorough review of the surrounding facts and circumstances, the evidence against your boyfriend, and any legal or constitutional violations committed by the police, it would be inappropriate to advice you as to whether or not your boyfriend should withdraw from the plea and go to trial. There are many qualified attorneys on this forum who would be willing to help. Good luck.
Verdura Law Group PLLC
http:/verduralaw.com
602-421-0515
Premier Criminal Defense and DUI Law Firm. Serving the greater Phoenix Metro Area.
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