1. Filing a Plea Withdrawl Motion
This motion is filed with the clerk of the circuit court where you were convicted. It must be in writing and explain why the judge should allow you to change your mind. A court will let you withdraw your guilty plea only to correct a “manifest injustice,” which means:
- You did not understand what you were doing;
- There is doubt about your guilt;
- You have a valid defense to the charge; or
- Justice will be better served by letting a jury decide your guilt.
A Motion is used when you need the judge to decide something. A Notice of Motion lets the other party know you're asking the judge for a decision. Once you have filled out your forms take the following actions:
Updated: January 2018