There are many reasons why someone might plead guilty to a crime they didn’t commit. Maybe the prosecutor threatened or lied to them, maybe their previous attorney didn’t explain things well, or maybe they were coerced into confessing. Regardless, if you pled guilty, you can withdraw that plea.

We can file a motion to withdraw your guilty plea before you get sentenced. If the judge accepts the motion, you will enter a new plea and can go to trial. If you have already been sentenced, you may file a post-sentence motion to withdraw your plea within 10 days. If that’s not an option, we may file a Pennsylvania Post-Conviction Relief Act (PCRA) petition on the grounds that yours was an unlawfully induced guilty plea or that you accepted the plea because of ineffective assistance of counsel.

For a free case review from our Pennsylvania criminal defense lawyers, call the Liberty Law Team at (215) 826-3314.

How Can I Withdraw a Guilty Plea in Pennsylvania Criminal Court?

234 Pa.C.S. § 591 lets defendants file motions to withdraw a guilty plea or plea of nolo contendere, meaning they did not plead guilty but also did not contest the charges.

While our lawyers can file this motion before your sentencing hearing, Pennsylvania lets defendants withdraw guilty pleas orally at sentencing. The sentencing judge might dismiss your motion if it does not think it is fair or just, so do not wait for sentencing to withdraw your guilty plea.

After you file the motion, the court informs the prosecution, which then has 10 days to respond. While prosecutors may contest motions to withdraw guilty pleas, courts often allow them.

Before the judge initially accepts your guilty plea and a possible plea agreement, they may ask whether you understand its terms. You can still withdraw your plea later, even if you satisfy the judge’s questions and they accept the plea initially.

Can I Withdraw a Guilty Plea After Sentencing in Pennsylvania?

While you can withdraw a guilty plea after sentencing in Pennsylvania, you only have a short time to do so. Our lawyers can start working on your case immediately and file a post-sentence motion.

We have 10 days to file this motion, which can challenge your original plea of guilty or nolo contendere and seek a new trial. The judge then has 120 days to consider the motion and grant it or not. It is important to have an attorney familiar with this process and able to advocate for you. Judges do not have to approve post-sentencing motions to withdraw guilty pleas and may not if defendants miss important deadlines or other steps.

If the judge denies your motion to withdraw the guilty plea, our Pennsylvania criminal defense lawyers can appeal their decision within 30 days.

Can I Get Post-Conviction Relief if I Pled Guilty in Pennsylvania?

The Pennsylvania Post-Conviction Relief Act provides specific remedies for defendants, even if they have already exhausted direct appeals. If you pled guilty or confess to a crime in Pennsylvania, you may still benefit from the PCRA.

The PCRA lets defendants challenge convictions or get new trials on the following grounds:

  • Constitutional violations
  • Newly discovered “exculpatory” evidence
  • Ineffective counsel
  • Unlawfully induced guilty pleas
  • Appeal interference from government officials
  • Unlawful prison sentences
  • Lack of jurisdiction

Like a motion to withdraw your guilty plea, you file a PCRA petition in the sentencing court. The judge who sentenced you and originally accepted your guilty plea may review your petition.

Perhaps your previous counsel advised you to plead guilty to a crime you didn’t commit. If so, we would explain that in the PCRA petition. Or, if the law enforcement or prosecutors coerced a confession or guilty plea, we would state how.

Post-conviction relief takes different forms. The judge may grant you a new trial, where you can plead not guilty and defend your name. If you pled guilty but new exculpatory DNA evidence arises post-sentencing, we can file a motion to test it. If the DNA test exonerates you, the judge may release you without a new trial.

You may have just one year from sentencing to file a PCRA petition and get a new trial for an unlawfully induced guilty plea or ineffective assistance of counsel. There are some exceptions, but don’t rely on them for your case.

What Should I Do if I Need to Withdraw My Guilty Plea in Pennsylvania?

If your previous counsel was ineffective and convinced you to plead guilty, or the police unlawfully coerced a confession from you, contact our attorneys. We can give you the representation you deserve during your criminal case.

In Pennsylvania, sentencing comes no later than 90 days after defendants enter pleas of guilty or nolo contendere. Some defendants await sentencing from jail, others from home. Don’t wait to contact us about withdrawing your guilty plea, especially if the sentencing hearing is happening soon.

Our lawyers need time to familiarize ourselves with the case, the charges you pled guilty to, and what led to that plea.

What Happens After I Withdraw My Guilty Plea in Pennsylvania?

If you motion to withdraw your guilty plea before sentencing and the judge grants the request, you will get a trial. Our lawyers can prepare your defense, you can enter a new plea, and you may also get a new judge and prosecutor assigned to the case to avoid bias.

While trials are intimidating, they let you defend your name. It’s the prosecution’s burden to prove your guilt beyond a reasonable doubt and our job to find the issues with their case. We may identify alibis, find eyewitnesses, and introduce exculpatory evidence that shows you did not commit the crime.

Call Our Pennsylvania Lawyers About Your Criminal Case

For a free case analysis from the Liberty Law Team’s Pennsylvania criminal defense lawyers, call (215) 826-3314 today.