Can I change my DUI plea after I get a sentence?
Question: I decided not to hire a DUI attorney and entered a plea for a DUI in Glendale Court with a pretty big sentence. Can I change my plea after I got a sentenced? I am thinking that I want to take my chances with a trial.
Answer: It is possible to enter a withdrawal of plea, but it needs to meet certain issues, not just a “change of heart” after you made the plea. Also, generally speaking, the withdrawal of plea must be made within 180 days of entering the plea. If granted, the case is reopened and continues (generally speaking) as if you did not enter a plea. So if you decide to go to trial on the matter and lose, you would be sentenced at that point, you can not decide that you want to reinstate the plea that you withdrew. Of course, if you take it to trial and win…then it was a good decision to withdraw the plea.
Law Offices of Phil Hache