Motion Withdraw Plea Without Trial
Description
How to fill out Motion To Withdraw As Attorney?
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FAQ
What does ?no case to answer? mean? A 'no case to answer' submission is a legal argument which can be raised at the end of the prosecution's case. If successful it has the effect of stopping the proceedings before any defence evidence is called.
The basis of an application to vacate/withdraw a guilty plea is to demonstrate that it would be unjust to allow the guilty plea to stand. This is very similar to the basis of an appeal against conviction, where the intention is to demonstrate that the conviction is unsafe.
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.
32.1. A motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.
