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In most cases, a person may ask permission to withdraw their guilty plea prior to sentencing. However, once a judgment of guilt and sentence is entered, it is much more difficult to return to court and request a withdrawal of the plea. It is possible with diligent and timely efforts. We are required to file a motion or petition to withdraw your guilty plea within that jurisdiction’s “term of court.” A “term of court” is a period of time that the court is in session for business. Terms of court are found in the Georgia Code at O.C.G.A. § 15-6-3 or here.

This motion must be timely and set forth facts that would justify the withdrawal of the guilty plea. We must show the court that there is a fair and just reason supporting the withdrawal of the plea. Examples of grounds that may justify a withdrawal are:

  • You did not understand the consequences of your guilty plea.
  • Counsel was ineffective in violation of the Sixth Amendment of the United States Constitution.
  • The prosecution failed to abide by the terms of a plea bargain agreement.
  • The court failed to inform the accused of the minimum and maximum penalties associated with entering a guilty plea.

For more insight about guilt plea withdrawal in Atlanta, be sure to schedule a consultation today.

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