When and why may a defendant withdraw a guilty plea?

Reasons for Withdrawal Many of the most common reasons to withdraw a guilty plea involve incompetence or misconduct by the defendant's lawyer. If the lawyer's ineffective assistance was the reason for the guilty plea, a judge generally will allow the defendant to withdraw the plea.

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Washington CrRLJ 4.2g - Statement of Defendant on Plea of Guilty

Washington CrRLJ 4.2g - Statement of Defendant on Plea of Guilty

Name: Washington CrRLJ 4.2g - Statement of Defendant on Plea of Guilty
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.74 (383 reviews)

Category:

Washington Criminal - Pleas

State:

Washington

Control #:

WA-0993-08

Format:

Instant download

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Description

This is an official Washington court form for use in criminal cases, a Statement of Defendant on Plea of Guilty.

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How to fill out Washington CrRLJ 4.2g - Statement Of Defendant On Plea Of Guilty?

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The defendant agrees to plead guilty or no contest (nolo contendere in Latin) to a crime in exchange for the prosecution dropping some of the charges, reducing the crime charged to a lesser crime, and/or agreeing to a certain sentence. If the defendant pleads guilty, the law requires that he do so honestly.

If a judge has not yet accepted a guilty plea, the defendant likely can withdraw the plea.They also may be able to withdraw a plea if the judge has not yet sentenced them. However, a defendant may face difficulties in withdrawing a plea once the judge has sentenced them.

Charges also can be dismissed even if the case has gone to trial and the defendant has lost. A convicted defendant who wins an appeal can sometimes secure an order from the appellate court that the lower court (the trial court) dismiss the case or enter a judgment of acquittal rather than retry the case.

Reasons for Withdrawal Many of the most common reasons to withdraw a guilty plea involve incompetence or misconduct by the defendant's lawyer. If the lawyer's ineffective assistance was the reason for the guilty plea, a judge generally will allow the defendant to withdraw the plea.

A plea of guilty in a criminal case consists of three elements.4 Third, it is an admission of actual guilt. 5 A recent Supreme Court decision, North Carolina v. Alford,6 has highlighted the first two elements of the plea, but has cast some doubt on the continued validity of the plea as an admission of guilt.

Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.

If you want to withdraw your guilty plea, a motion of withdrawal of plea must be prepared by your lawyer and filed with the court. Generally a motion of withdrawal of plea may be made at any time prior to sentencing or within six months of the entry of judgment.

If you choose to plead guilty or nolo contendere, this Guilty Plea Statement must be completed by you. By pleading nolo contendere, you are stating that you do not contest the fact that you committed the crimes.

You can still file an appeal after a guilty plea, but you will need to demonstrate that the plea itself was not knowing, voluntary, and intelligent. The window for filing an appeal is very short, and there are few exceptions. For this reason, if you are considering an appeal, you need to act immediately.

Washington CrRLJ 4.2g - Statement of Defendant on Plea of Guilty

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