Plea Withdrawal Motion

A plea withdrawal motion is a request by a defendant to withdraw a previously entered guilty plea and proceed to trial or enter a different plea. The motion must be filed before the court imposes sentence and must show a fair and just reason for the withdrawal. Factors that may support a plea withdrawal include ineffective assistance of counsel, lack of voluntariness, or lack of understanding of the consequences of the plea. The court has discretion to grant or deny the motion based on the specific facts and circumstances of the case, including any prejudice to the prosecution or the court’s resources. If the motion is granted, the guilty plea is vacated, and the case proceeds as if the plea had not been entered. If the motion is denied, the court proceeds to sentencing.