IfIhave already pled guilty and been sentenced for a ClassB misdemeanor, is it too late to try for a reduced sentence?

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IfIhave already pled guilty and been sentenced for a ClassB misdemeanor, is it too late to try for a reduced sentence?

Asked on January 9, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have already plead guilty to a charge and have been sentenced, you can possibly file a motion to withdraw the guilty plea that you made and then proceed to trial. The motion to withdraw the guilty plea assuming it is granted does not in and of itself guarantee a lesser sentence in the event you decide to plea out.

In fact, assuming you file a motion to withdraw your guilty plea, and assuming it is granted, the district attorney's office and the court will not take it too kindly if you try and plea out seeking a lesser sentence. If you do, you might find out that you should have accepted and kept the sentence imposed that you want to set aside.


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