How to Withdraw a Guilty Plea in Arizona

People facing criminal charges in Arizona can plead not guilty and proceed with a trial or enter a guilty plea. When entering a guilty plea, the accused stands before a judge and accepts full responsibility for the crimes she is being charged with. The judge will ensure that the defendant is entering such a plea on her own volition and inform her of the penalties associated with the plea. A guilty plea may be withdrawn via a motion if the defendant was misinformed, had an ineffective attorney or the prosecution does not abide by the terms of the plea.

Instructions

1. Open your web browser and navigate to the website of the court where the guilty plea was entered and download the "Application for Restoration of Civil Rights, Withdrawal of Guilty Plea or Vacation of Conviction" form. Alternatively, you may pick up the form from the court clerk's office.

2. Fill out the form in accordance with the directions provided. Include your full name, address, the case number, the date and your signature.

3. Return the form to the court clerk's office and note the time and date of your hearing.

4. Demonstrate to the judge at your hearing that the guilty plea was entered against your will; was based on bad information provided by your counsel; was due to the court's failure to fully inform you of the possible ramifications of such a plea or was based on erroneous evidence or information.

Tips & Warnings

• A withdrawal of a guilty plea must be entered in a timely manner prior to the sentencing hearing. The court will look unfavorably on pleas withdrawn after sentencing.

References

• Mark S. Williams: Publications; Criminal Law Newsletter; Types of Pleas and Withdrawal of a Guilty Plea
• Superior Court of Arizona: Application for Restoration of Civil Rights, Withdrawal of Guilty Plea or Vacation of Conviction
• American Bar Association: Publications; Criminal Justice Section Archive; Pleas of Guilty