Q&A: Plea Withdrawal

Question:

As i can legally retire the prosecutor’s offer, it I have already signed the agreement?  The lawyer advised me to plead guilty, but guilty of aggravated offense hurts me to my immigration case.

Answer:


Generally, once you have entered a plea agreement, you cannot withdraw from the plea unless you can prove to the court that a manifest injustice has occurred. This is a legal term of art that an experienced criminal defense attorney can explain to you in more detail privately.  However, if the plea was never accepted by the judge an entered on the record, you can withdraw at anytime prior to acceptance.  You would need to consult an immigration attorney regarding the immigration consequences.  Recent Supreme Court decisions suggest that you may have a valid basis for a legal remedy.  Hope this helps.  Good luck!



Verdura Law Group PLLC


http://verduralaw.com


602-421-0515



Premier Phoenix Criminal Defense and DUI Law Firm.  Serving Phoenix, Chandler, Mesa, Gilbert, Scottsdale, Goodyear, Buckeye, Glendale, Avondale, Peoria, Tempe and the greater Phoenix area.




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