Q: I pleaded guilty because I was promised Drug Court. The deal exploded and the DA refused to agree but I entered the plea anyway as I was nervous and my attorney was little help. Can the Judge deny my right to withdraw my plea? I have not been sentenced yet and have no idea what my sentence will be and don’t trust anyone. Is there a civil rights violation here?
A: You can file a petition to withdraw your plea at any time prior to sentencing. You must file a written motion making the request. The decision is entirely in the judge’s discretion. Usually such requests are granted. Be aware however, that now you will face trial unless you can negotiate a deal with the DA that is acceptable to you. I do not see a civil rights violation here.