Many people that have been sentenced have second thoughts after entering a guilty or no contest plea. Most often, accused persons accept plea bargains from the State because at the time they believed it was in their best interest. Most of these people fall in to one of three categories (1) those with "buyer's remorse"; (2) the "confused"; and (3) the "misled".
Those with "buyer's remorse" simply change their mind and regret their decision. They had a sufficient understanding of their decision and its consequences, and were not misled by the attorneys or the judge. Unfortunately, there is little that can be done to remedy their situation.
The second and third categories have more options. The "confused" are those that misunderstood their rights, options, and consequences of their decision. Their confusion is caused by an honest mistake or other problem unknown to the attorneys and the judge.
The "misled" are those that were misled by their attorney, the prosecutor, or the judge. As a result, the were mistaken about their rights, options, and consequences of their decision.
Anyone that has second thoughts after sentencing should consult an attorney to learn their rights and options. An honest and experienced lawyer can discern what relief may be available. During our initial consultation, we will determine your rights and options that are available to you.
In Florida, anyone can move to withdraw a plea before sentencing upon a showing of good cause. After sentencing, a defendant only has 30 days to file a motion to withdraw a plea. See Florida Criminal Procedure Rule 3.170.
If you, or a loved one, has recently accepted a plea bargain and is having second thoughts, contact us today.