Can I Withdraw My Plea of Guilty in Massachusetts?
Question by Jadogar: can i withdraw my plea of guilty in Massachusetts?
long story but here it goes
my ex invites me over to have dinner afterward she tells me she is talking to someone else. so i pick up her phone and see all these text messages from another guy. @ that point she attacks me beats the hell out of me while im just trying to protect my face and get her off me. at one point she picks up a knife while im under her and i reached up and bit her cheek, she runs away and i leave the house. i call the police saying they need to go arrest her when they get to her place they are stating that knife was no where near and they arrest me for assault and battery and intimidation of a witness. i get out after posting bail next day she gets a restraining order against me. after a while she calls asking for money since she lost her job so i send her money she calls again asking for money but i deny her so she calls the cops stating i violated the terms of restraining order. i get locked up with no bail spend 20 days in prison. now she stated i do cocaine and i threatened to kill her, while producing no evidence of any kind. judge denies my bail on 20 days stating i can take my evidence to trial not here. so i catch a plea of guilty which includes two years of probation, random drug screening, batterer’s program and mental evaluation. i had to take the plea because my mother had a heart attack. my plan was to stay 60 days and come out and fight it. but now looking at all this im starting to re-think my decision.
so my question is can i withdraw my guilty plea and fight this case in Massachusetts? is that allowed and under which circumstances?
please help me i had no previous record of any kind, i had tons of evidence against her like checks she cashed and calls she made, but i couldn’t use them to get a bail.
Best answer:
Answer by Artemis Gwen
You can TRY to withdraw your guilty plea but I think it’s pretty unlikely that a judge would allow you to do so.
Remember Senator Larry Craig? He initially pled guilty by mail because he was hoping to make the case go away quickly and quietly, and when the media caught wind of it he then tried to withdraw the plea. The judge refused to allow it. The guilty plea stood.
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