Withdrawing Guilty Pleas After Sentencing in Federal Trial Court

If you pled guilty to a charge in a California federal court and now regret that decision, it may be possible to withdraw your plea and start your case again. While withdrawing a guilty plea to a federal offense is a much simpler process before you've been sentenced, it may be possible to withdraw a guilty plea even after the court has handed down your punishment. An experienced California attorney from The Kavinoky Law Firm can review your case to determine whether it may be possible to withdraw your guilty plea to a federal offense even after sentencing.

Withdrawing a federal guilty plea is more complex after sentencing than before, because it must be done by filing a petition for federal writ of habeas corpus - also called a 2255 petition.

Also, the standards for allowing you to withdraw your guilty plea in federal court are much more stringent after you've been sentenced than beforehand. The federal trial court needs to be convinced not only that the plea resulted from a constitutional violation such as ineffective representation by your defense lawyer, but also that a fundamental miscarriage of justice occurred.

This means that your attorney must demonstrate that not only should you not have pled guilty, but that you are completely innocent of all wrongdoing. Filing a successful petition for a writ of habeas corpus in federal court is a complex legal proceeding, but may be possible with the help of a skilled defense lawyer. An experienced California appellate attorney from The Kavinoky Law Firm can thoroughly review your case to determine whether it may be possible to withdraw your guilty plea and give you a second change at the justice you deserve. Contact us today for a free consultation.