thanks
2006-12-25 03:57:40 · 7 answers · asked by freedom writers 1 in Politics & Government ➔ Law & Ethics
no, you cannot revers a guilty plea. you can however, reverse a not guilty plea. for that reason, not guilty might be the way to go, but if you are found guilty, you get a heavier punishment.
but no, if you plead guilty you cannot change it.
2006-12-25 04:06:52 · answer #1 · answered by The Big Box 6 · 0⤊ 0⤋
well if you able to present corroborate evidence to the judge/court/jury which confirms your innocence then only you can be 'pleaded not guilty' for the same crime. It depends on the judge/ jury to decide if you pleaded guilty or not based on the facts/ evidence presented to the court. But in the absence of it you will be pleaded guilty.
Moreover, in some cases you can move to the higher court (Supreme Court) and challenge the decision of the previous court who pleaded you guilty and let higher court decide if you pleaded guilty or not for the same crime.
Hope this information will help you make a better decision.
Good Luck and take care.
2006-12-25 04:18:19 · answer #2 · answered by just_4_frenz 2 · 0⤊ 0⤋
You would have to move to "vacate" your prior guilty plea - same effect as pleading not guilty. If on the other hand you are referring to committing the same offense for a second time, the the prosecutor will seek to punish you for the second offense by offering more time in jail, and if you try the case they may attempt to use the first crime as proof that you must have committed the second crime.
2006-12-25 06:56:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Pleading guilty has the same affect as not guilty and then found guilty. If you can prove beyond a shadow of doubt that your guilty plea was forced or by fraud, mistake or you were under trhreat, duress or coerscion, then you have a case for reversal of plea. Depending on the charge against you will open many availiable avenues for your case pleadings. Case law works well for previously decided cases of your particular case. A law library librarian can assist you and lead you to other availiable remedies through their sources availiable.You also may ask a law professor at the college for advice but just don't ask him for legal advise, be careful here, tell him or her that you are researching a case and spell out the details and you need direction. They will bend over backwards to help you. My advice to you is never plead guilty to anything. Make them them prove their case. If it's good enough for them to pursue then it's necessary and worthy for us to fight it. Even though you would have many oportunities to show a change of pleading as discribed above, it may come under the discretion of the court to allow it or not. I would never trust them to do the right thing therefore, do it right ab-inito, (from the beginning) Taking a plea deal is the same as a guilty plea. No contest is also the same as guilty. "Make them prove" that you are under the jurisdiction of the particular offense they charge you with before you take any plea. Not all charges via their law appy to everyone or in every case.. You will need to get to the law books at the law library to research, words and phrases (words they use in the charge), blacks law dictionary, the statutes also the annotated sections of the law etc, to find your remedy. If the matter is over $20.00 or more and you should demand a jury as they will believe your evidence when the prosecuter will overrule it. Been there-done that, Get the actual law as written in the penal law, or statute that you are charged with and read it and descypher it word for word. REmember, OJ made them prove their case and they did not and he walked. Make them earn their money, Law is a business and that means they are only concerned with taking your money from you Everything involved with Law involves contract law. (ADMIRALITY LAW) Make them "DEMAND" they show you a copy of the contract you signed knowingly, willingly, or voluntarily that makes you liable to be held to all the terms and conditions of their alleged contract holding you in violation of it. YOU CAN DO IT! (I DID) Good luck !
2006-12-25 04:52:09 · answer #4 · answered by Michael L 2 · 1⤊ 0⤋
to answer your question yes you can but what makes you think people are going to believe you. whatever is your plea stick to it because then you're playing games and you may end up in jail anyway. that's all
2006-12-25 04:10:12 · answer #5 · answered by jdukenumber1 4 · 0⤊ 0⤋
Not for the same offense, but for a different offense yes you can
2006-12-25 04:05:26 · answer #6 · answered by cwconline 2 · 1⤊ 0⤋
in a nutshell, NO
2006-12-25 04:04:46 · answer #7 · answered by mavinakdel 4 · 0⤊ 0⤋