Fla Court Department Withdrawal
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FAQ
To withdraw your guilty or no contest plea after sentencing, you must meet tougher standards of proof and only have 30 days to write and file your motion ing to Florida Criminal Procedure 3.170(I). You have to show evidence that your plea violates your rights as a defendant and is unjust.
Ing to subsection (j) of Rule 2.060, an attorney must file a motion setting out the reasons for withdrawing and the name and address of the client. The motion must be set for hearing, and the notice and the motion must be served on the client and opposing counsel.
Florida law provides for two different types of motions to withdraw a plea depending on when the motion is filed. For example, Rule 3.170(f) authorizes a plea withdrawal ?at any time before a sentence.? Rule 3.170(l) authorizes a motion to withdraw a plea ?within thirty days after rendition of the sentence.?
Optional withdrawal The lawyer has the option to withdraw if it can be accomplished without material adverse effect on the client's interests. The lawyer also may withdraw where the client insists on taking action that the lawyer considers repugnant, imprudent, or with which the lawyer has a fundamental disagreement.