In most criminal cases, a defendant’s guilty plea ends the case. But occasionally, information comes to light indicating that a guilty plea was a mistake. Neither the court nor certainly the defendant wants an unjust verdict and sentence to go forward, but what can be done? How can you appeal a guilty plea?
While reversing a guilty plea is possible in New Jersey, asking the court to do so is not a matter to be taken lightly. If you believe you have a clear reason that a guilty plea you or a loved one entered in New Jersey should be withdrawn, the Law Offices of Jonathan F. Marshall would like to help you.
Our New Jersey criminal defense attorneys, with over 200 years of combined experience and multiple accolades, have the knowledge and skills necessary to assess your case and present to the court an effective motion for you to withdraw a plea of guilty. We also have the reputation and relationships in courts across New Jersey needed to ensure your claim is truly heard.
An appeal of a guilty plea should be filed promptly. Do not delay. Call now or visit us online for a free initial consultation so we can start work on your motion.
Withdrawing a Guilty Plea in New Jersey
Under certain circumstances, a defendant can withdraw their plea after pleading guilty. The defendant must file a motion with the court to withdraw their guilty plea. A judge will then decide whether to grant it. There are several factors the judge will consider, and the defendant’s motion should provide a plausible reason to reverse the plea.
Technically, a motion to withdraw a guilty plea (or a plea of no contest) should be made before sentencing. However, the court may permit it to be made after sentencing to correct a manifest injustice. Often, this means the defendant didn’t understand the plea they made, made the plea unwillingly, or received ineffective legal counsel. In other cases, new evidence shows the defendant is innocent.
If a motion to withdraw a guilty plea is granted, that doesn’t mean the defendant is free from their charges. Instead, the defendant may either:
- Renegotiate their plea agreement, if the State is willing
- Plead not guilty and go to trial for the charges
- Take back their withdrawal and accept their original sentence
If the judge refuses a motion to withdraw a guilty plea, the defendant can appeal it to a higher court.
Meeting the Requirements to Withdraw a Guilty Plea in New Jersey
It is possible to ask the court in New Jersey to reverse a guilty plea. However, a successful motion requires solid and highly persuasive evidence that the case’s outcome was unfair or unjust or that the court’s decision to accept the plea was clearly in error.
In State v. Slater, 198 N.J. 145, 966 A.2d 461 (N.J. 2009), the Supreme Court of New Jersey established four factors to be considered when evaluating motions to withdraw a guilty plea, whether filed before or after sentencing. The Court said that none of the factors are mandatory. Missing one factor doesn’t automatically disqualify a withdrawal.
The four factors are:
- Whether the defendant has made a valid claim of innocence
- The nature and strength of their reasons
- Whether there was a plea bargain
- Whether it would be an unfair advantage to the accused or prejudice to the State
If these factors support that a clear injustice should be corrected, the court may allow the defendant to withdraw their guilty plea.
Valid Claim of Innocence
It is up to the defendant to present a plausible reason for the request. Simply changing their mind isn’t enough. A valid claim requires providing “specific, credible facts” and pointing out facts in the record that support their claim, when possible.
Nature and Strength of Reasons
The court should then consider “the basic fairness of enforcing a guilty plea.” Some reasons for reversing a plea suggested in Slater include:
- The court and prosecutor misinforming the defendant on a vital part of the plea negotiation the defendant based their plea on
- The defendant not knowing or understanding the guilty plea’s terms and consequences
- The defendant’s reasonable expectations under a plea agreement not being met
- A valid defense against the charges that also credibly explains why that defense was “forgotten or missed” at the time of the plea
Plea Bargains
Accepting a plea bargain doesn’t necessarily prevent someone from withdrawing a guilty plea. In Slater, the Court recognized that “the vast majority of criminal cases are resolved through plea bargains.” Because of that, they don’t suggest giving this factor much weight when determining if a guilty plea reversal should be accepted.
Unfair Advantage or Prejudice
Weighing the existence of an unfair prejudice to the State or an unfair advantage to the accused refers to whether enough time has passed that the prosecution cannot present key evidence. For example, witnesses’ memories may fade, and important proof or witnesses may be lost. The court must also determine whether it’s fair to make the prosecution go through all that work again. The Slater Court says that more scrutiny will be used the longer the defendant waits to withdraw their guilty plea.
The court will also consider whether the trial has already started. The Slater opinion says that withdrawing a guilty plea should only be allowed in the rarest cases if it interrupts a trial after the jury has been selected and sworn in.
Get in Touch with Our Experienced Criminal Appeals Attorneys
If you have reason to appeal your conviction after entering a guilty plea in New Jersey, we urge you to contact the Law Offices of Jonathan F. Marshall as soon as possible. We can promptly obtain your case records and file a motion on your behalf to withdraw your guilty plea if possible. We can also investigate evidence to support your motion, and when appropriate, advise local officials of facts that may reduce opposition to your claim.
Regardless of the charges against you, our experienced New Jersey defense and appeals attorneys can help. Contact us now to learn more.
