FAQ

A: Technically, sometimes you can. In federal court, a defendant may be able to withdraw a guilty plea if it’s in the interests of justice. This usually means there was a problem when you entered the plea—like a misunderstanding during your conversation with the judge or ineffective assistance of counsel. For example, there have been rare cases where a court allowed a plea to be withdrawn because the action in question wasn’t actually a crime. However, these situations are uncommon, and whether you can successfully withdraw a plea is a complex legal question that should be discussed with an experienced lawyer. 

A: This is often the more important question. Withdrawing a plea doesn’t end the case—it just means you’ll face a trial. If you try to withdraw and fail, many plea agreements have clauses that could make your situation worse. In other words, it’s a serious decision. 

Before deciding, consider whether you have strong evidence or a compelling argument that makes going to trial worthwhile. Also, think about whether you’re likely to get a better deal than the one you accepted. Carefully weigh the risks and benefits before making a move.