If Ihave entered a plea but have not yet been sentenced, can the plea still be rescinded?

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If Ihave entered a plea but have not yet been sentenced, can the plea still be rescinded?

I was represented by a court appointed attorney. She provided less than adequate defense on my behalf, which included not examining and advising me of evidence the prosecution had in advance of the trial. I have entered a plea, but not yet been sentenced. In addition, I had an intimate romantic relationship with my attorney (I have emails to substantiate). What recourse do I have before sentencing to have my plea set aside and have the charges set aside, or obtain a new attorney and trial?

Asked on October 27, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a lot of different issues here but the main one to focus on is whether or not you can have new counsel appointed and change your plea.  Yes, you can ask.  However, it is discretionary by the court.  You have to have a compelling reason to ask for a new attorney, like ineffective counsel or conflict of interest.  That seems to be your basis here.  If the court finds you correct in your assessment of the situation and grants you new counsel. the attorney will have to see at what stage the litigation against you is and what to do about your plea.  You may want to make sure that the court does not see your request as an assumption that you will be hiring private counsel.  But maybe you should try and consider that as well.  


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