Motion for New Trial (aka Motion to Withdraw Plea) - Explanation by Criminal Defense Attorney

What is a motion for new trial? It is a request to undo a conviction or guilty plea, and is typically based on either new evidence or "ineffective assistance" of your prior attorney.
Boston criminal defense attorney Joseph Simons explains how to pursue a motion for new trial, or a motion to vacate your plea. A motion to withdraw your plea can apply to either a guilty plea or a continuance without a finding (CWOF).
Simons Law Office handles a lot of these motions. If you or a loved one wants to explore trying to undo an old conviction, call us at 781-797-0555 for a phone consultation today.

[@maniackyjr]

Thank you for the information Mr. Simons

[@SaltedHope]

Thank you! I was the victim in a very violent attack by my ex but I was so mentally abused that he coerced me into agreeing to his plea deal. He got 2 years of probation, otherwise he would have served a minimum of 26 years in prison. Now that he's been away from me I can think straight and feel I made the biggest mistake of my life. I'm hoping this can help me. It's been dead-ends everywhere and I haven't been able to emotionally recover feeling I wasn't served the justice I deserved.

[@Not.Guilty]

I'm sorry to hear about your experience. I'm not sure whether you can do anything with the criminal case, but perhaps you could bring a civil suit against the person.

[@8________________D-]

How about move on instead of destroying someone’s life you don’t even associate with anymore? You’re being a slimey 403

[@leviticus7457]

How can I consult, I been waiting for a response with my motion to vacate to re open my case for almost 3 years my previous attorney non communication

[@TxHoneyBee]

Can the prosecution revoke a plea deal if it was already accepted in court by the judge? I was a witness to the defense's past behavior but the district attorney did not hear my evidence before offering a very minimal plea deal to the defense. This is in Colorado.

[@TxHoneyBee]

Also, the court did plea and sentencing the same day, but there was a stay of execution of 30 days. This is in a 3rd DUI and felony vehicular assault case. The defense lied in court, stating that the defense never drove drunk before the car crash that the case was about, which is false. I have evidence to the contrary, but the district attorney never heard my evidence against the defense until after the guilty plea was entered.

[@Not.Guilty]

If this were in MA, probably not. But I don't know Colorado law, so it might be worthwhile to call a local criminal attorney to see if anything can be done.

[@madilynnsma]

Can you withdraw a not guilty plea and enter a conditional acceptance. I did not wish to bring argument against the court. However I was offered faulty advice from a public defender who said my only options were guilty, not guilty, or no contest. I'm willing to except the charges with conditions.

[@Not.Guilty]

It depends on the state. In MA, you can change your plea from a "not guilty" to a "continuance without a finding (CWOF)" if the judge agrees. Usually that type of plea is reserved for lower level charges. Basically if you stay out of trouble and abide by the conditions of probation, the charges will be dismissed at the end of your probation. That said, it's not always the best move, especially for people who are not U.S. citizens, as it can have negative consequences in that regard.