After a defendant takes a guilty plea, can it later be withdrawn?
The actions that an individual can take to withdraw a guilty plea depend on how much time has passed since the plea was made. There is likely to be a short period of time during which a defendant may move to withdraw his or her guilty plea. After that, he or she may be able to appeal, or to seek state and federal post-conviction relief, or to seek executive clemency. The defendant should consult a lawyer about these possibilities if he or she can afford to do so. If the accused cannot afford a lawyer, the first call should probably be to the local public defender agency. Even if this agency cannot help, it may be able to direct the defendant to other resources. A few states, like Indiana, provide lawyers in post-conviction proceedings who could file a habeas corpus attacking the plea. A few others, like New York and Massachusetts, have prisoner legal services organizations that might be helpful. There are also law school programs here and there, and national and state “innocence projec
