Withdrawing a plea in Oklahoma can be a complex process, but it is possible under certain circumstances. Whether you have entered a guilty or no contest plea, understanding the legal grounds and procedures for withdrawing a plea is crucial. Here, we’ll discuss the key steps and considerations involved in withdrawing a plea in Oklahoma.
Reasons for Withdrawing a Plea
There are several reasons why a defendant might seek to withdraw a plea, including:
- Involuntary Plea: The plea was not voluntary, knowingly, or intelligently, such as if the defendant did not fully understand the consequences of the plea or faced coercion into pleading.
- Ineffective Assistance of Counsel: The defendant received poor legal representation, which significantly impacted the decision to enter a plea.
- New Evidence: New evidence has come to light that could potentially exonerate the defendant or significantly impact the case.
- Misunderstanding of Plea Terms: The defendant misunderstood the terms or implications of the plea agreement.
- Violation of Plea Agreement: The prosecution fails to uphold their end of the plea agreement.
A defendant may file a motion to withdraw a plea, either guilty or no contest, at any time before sentencing. The court will generally consider whether the plea was entered voluntarily and with a full understanding of the consequences. Withdrawing a plea after sentencing is more challenging, as the defendant must file an application for post-conviction relief and demonstrate that a miscarriage of justice was present or that the plea was not voluntarily, knowingly, or intelligently.
Steps for Withdrawing a Plea
If you’re wanting to follow through with withdrawing a plea, there are a few steps you must follow.
- File a Motion: Your attorney will file a motion to withdraw the plea in the court where the original plea was entered. This motion must outline the reasons for the request and any supporting evidence.
- Attend a Hearing: The court will schedule a hearing to review the motion. During the hearing, both the defense and the prosecution will present arguments and evidence.
- Judge’s Decision: The judge will make a decision based on the evidence and arguments presented. If the judge grants the motion, the plea is withdrawn, and the case will proceed to trial or another resolution.
Throughout the entire process, seek advice from an experienced criminal defense attorney who can assess your case and guide you through the process of withdrawing a plea.
Post-Conviction Relief
If the plea withdrawal comes after sentencing, the defendant must pursue post-conviction relief. This involves:
- Filing an Application: The defendant must file an application for post-conviction relief in the court that issued the original sentence.
- Grounds for Relief: The application must outline specific grounds for relief, such as new evidence, ineffective assistance of counsel, or constitutional violations.
- Review Process: The court will review the application and may hold a hearing to consider the arguments and evidence presented.
If the court grants the application, they will withdraw the plea, and the case may proceed to retrial or dismissal.
Tulsa Criminal Defense Lawyers
Withdrawing a plea in Oklahoma requires a thorough understanding of legal procedures and compelling reasons to convince the court. Whether seeking to withdraw a plea before or after sentencing, it is essential to consult with an experienced criminal defense attorney who can provide guidance, prepare the necessary documentation, and represent your interests in court. If you need help withdrawing a plea, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.