Understanding Criminal Plea Withdrawal in Oklahoma
In Oklahoma, once a defendant enters a plea in a criminal case, the opportunity to change or withdraw that plea is very limited. The law requires that a plea be made knowingly, voluntarily, and intelligently. If you are considering whether you can take back a plea, it’s important to understand that the courts set a high standard for allowing withdrawal. Most pleas stand firm, but there are specific, narrow situations where withdrawal may be possible.
You’re Not Alone — And You Have Options
Many defendants wonder if they can undo a plea after realizing the consequences or discovering new information. Under Oklahoma law, a plea can generally only be withdrawn before sentencing, and only if the defendant can prove that the plea was not made voluntarily or with full understanding. After sentencing, withdrawing a plea is much more difficult and usually requires filing a post-conviction application challenging the conviction itself.
Common Grounds for Plea Withdrawal in Oklahoma
The courts recognize a few main reasons that may justify withdrawing a plea:
- Duress or coercion: If you can show you were forced or threatened into pleading guilty, the plea may be invalid.
- Mental incompetence or incapacity: Pleas entered while under the influence of drugs, alcohol, or during a mental health crisis may be subject to withdrawal.
- Attorney misconduct: Misrepresentation by defense counsel about the evidence, sentencing consequences, or failure to provide effective assistance can be grounds.
It’s also worth noting that newly discovered evidence generally does not support plea withdrawal but may be the basis for post-conviction relief. Okla. Stat. tit. 22, § 1089.
Procedural Steps and Deadlines
Oklahoma law requires a defendant to act quickly. You must file a notice of intent to withdraw your plea within 10 days after entering it. After filing, the court will schedule a hearing within 30 days to consider your request. Missing this deadline often means you lose the chance to withdraw your plea, making reversal nearly impossible. Due to the strict procedural requirements and high legal standards, navigating this process without experienced legal help is risky.
A Real-World Example
Consider a scenario where a defendant pleads guilty to a felony based on his lawyer’s incorrect advice about the sentencing range. After learning the actual penalties are more severe, he tries to withdraw his plea. If the defendant files the withdrawal notice within 10 days and proves his attorney misled him, the court may allow plea withdrawal. However, if the defendant waits too long or cannot prove ineffective assistance, the court will likely deny the request.
The Right Lawyer Makes This Easier
Attempting to withdraw a plea without legal assistance can be overwhelming and unsuccessful. A skilled criminal defense lawyer can evaluate whether your plea was truly knowing and voluntary, identify potential grounds for withdrawal, and guide you through the strict deadlines and court procedures. Legal counsel can also help explore alternative remedies if plea withdrawal isn’t an option.
Contact an Oklahoma City Criminal Defense Lawyer Today
If you believe you have valid reasons to withdraw a plea or need help understanding your options, it is crucial to act quickly. Consulting with an experienced Oklahoma City attorney familiar with Oklahoma criminal law can make a significant difference in protecting your rights and future. If you need legal help, call Wirth Law Office – Oklahoma City at (405) 888-5400.
