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Withdrawing Guilty Pleas Prior to Sentencing in Federal Trial Court

If you pled guilty to a federal charge and now regret doing so, it may be possible to withdraw your plea and start your case again, particularly if you haven't been sentenced yet. An experienced California appellate attorney from The Kavinoky Law Firm can review your case and determine whether withdrawing your guilty plea may be a possibility.

The process of withdrawing a guilty plea in the federal courts is governed by the Federal Rules of Criminal Procedure. You may wish to withdraw your guilty plea to your federal offense because you felt pressured into admitting responsibility by your attorney, or because your defense lawyer was not prepared to defend you.

Another reason to withdraw your guilty plea is because new evidence has come to light which should be brought to the attention of the court and prosecutor's office, and which would affect your overall case - either by having it dismissed or having your charges greatly reduced.

A guilty plea to a federal offense should also be withdrawn if you discover that false evidence was presented to you that prompted you to admit responsibility when you shouldn't have. Seeking to withdraw a guilty plea in the federal system goes to the core of a fair constitutional process, and one does not lose their rights simply because they have pled guilty.

The process of withdrawing your guilty plea begins by filing a petition in the federal court where your case was originally heard. The federal prosecutor's office will respond in writing and will typically fight to keep your guilty plea intact.

Once both sides have submitted their motions, the federal judge has the option of denying your application outright or agreeing to consider evidence and testimony on the issues raised by your request to withdraw your guilty plea.

If your request to withdraw your guilty plea is successful, your case will essentially start over. The prosecutor will typically continue to pursue the charges against you unless extraordinary new evidence is brought to light. However, withdrawing your guilty plea to your federal charge will give you a new opportunity to aggressively defend yourself against the charges and receive the justice you deserve.

Withdrawing a guilty plea to a federal offense is more practical if you haven't yet been sentenced. If the court has already handed down your sentence, it still may be possible to withdraw your guilty plea but it's a much more complex process.

It's often possible to withdraw your guilty plea to a federal charge before you've been sentenced. To learn more about your options in your federal criminal conviction, please contact an experienced California attorney from The Kavinoky Law Firm today for a free consultation.

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Bail Pending Sentencing or Appeal Direct Appeal
Withdrawing Guilty Pleas Writ of Habeas Corpus - State Court
Motions for a New Trial Writ of Habeas Corpus - Federal Court
Sentencing Memoranda Expungement
Bail Pending Sentencing or Appeal Sentencing Memoranda
Withdrawing Guilty Pleas Direct Appeal
Motions for a New Trial Federal Writ of Habeas Corpus
Representation at Sentencing