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THE STANGL LAW BLOG

Video: Is it Possible to Withdraw or Change a Guilty Plea in Wisconsin?

Posted by Attorney Stangl on August 22, 2017

Learn whether it is possible to withdraw or change a guilty plea in Wisconsin in this video.

 
 

Video transcript:

"If you're convicted of an offense, or you plead guilty to an offense and you're contemplating withdrawing your plea and wondering, "Can I withdraw my plea," "How do I go about it?" We have a lot of experience in that particular appellate issue. We've handled cases where people have sought to withdraw their pleas. And recently handled a case where our client was unrepresented at the time he plead guilty and was found guilty, wanted to appeal, we handled the appeal for him and, on appeal, the state actually agreed that the trial court made an error by not granting us a hearing.

So, those are the types of issues we can look at for you to try to help you to see if that's a potential option for you. 

There are circumstances where you can withdraw your guilty plea, it depends. It's easier to withdraw a guilty plea prior to sentencing, than it is after sentencing. 

Prior to sentencing, you have to establish a fair and just reason to do so. After sentencing, it's a more difficult standard. You have to establish that, either the plea was not freely, voluntarily or intelligently entered, and that there's a manifest injustice.

We've appealed many different cases. We've appealed many, many drunk driving cases, we've appealed--I have a number of appeals, published opinions in the 7th circuit court of appeals in Illinois, which are from the western district of Wisconsin which is a federal court that sits in Madison, Wisconsin."

 - Attorney Pat Stangl

 

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Topics: Video, Appeals

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