How to Reverse a Guilty Plea in Court
The rules of procedure in both the federal and state courts are designed to protect a defendant from any involuntary plea. There are a variety of procedures in place to allow the defendant to change an initial guilty plea. Although these procedures vary from one jurisdiction to the next, most jurisdictions have adopted some form of the federal rules of criminal procedure, particularly with respect to the portions about entering guilty pleas.
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Instructions
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Plead not guilty at arraignment. Even if a defendant has confessed to a crime or otherwise indicated their guilt, no formal plea is recognized until the defendant appears before a judge at arraignment. Pleading not guilty at arraignment is always preferable, as it is easily changed to guilty at any time, while changing from guilty to not guilty is generally more difficult.
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Change the plea orally or in writing prior to official sentencing by the court. This usually happens if the court rejects a plea agreement. When the parties to a proceeding reach a plea agreement, the defendant is required to appear again in court for acceptance of that plea and sentencing. If a defendant has arranged for a plea agreement with the prosecutor that is rejected by the court, or if the prosecutor has agreed not to oppose a particular sentence, but the court rejects that sentence, the defendant may withdraw his or her guilty plea on the spot and go to trial.
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File a pleading with the court in the interest of justice. A defendant who has pled guilty at arraignment but changes his mind is sometimes allowed to withdraw the plea by showing "a fair and just reason for requesting the withdrawal of the plea." A plea may be accepted as involuntary if the defendant was not represented by competent counsel. Withdrawal of a plea for these reasons should be done in writing as a motion to withdraw a guilty plea.
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File a motion to withdraw the plea after sentencing if the court accepted a conditional plea. Under rare circumstances, a defendant may enter a plea of guilty or nolo contendere (no contest) with the understanding that they are allowed to have an appellate court review a decision on a pretrial motion. If the appellate court reverses the lower court's decision, the plea can potentially be changed. This situation could arise if, for example, a particular defense is found inadmissible by the trial court and without that defense the defendant believes they have no chance at trial. She may then enter into a plea agreement that could then be withdrawn if the decision is overturned.
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