If you’ve entered a “guilty” or “no contest” plea and decide, after sentencing, you’d like to withdraw the plea, this is possible–and you can be successful–if you know how to proceed.
A Minor in Possession charge can be levied when an individual under the age of 21 has consumed (MIC) or is in possession (MIP) of alcohol. In Texas, minors can be charged with MIPs at parties, nightclubs, or while riding in vehicles when alcohol is present. A minor can also be in the vicinity of alcohol belonging to another person but cannot touch, hold, transport, attempt to purchase, consume, or have any other care, custody, control, or management of the alcohol.
To withdraw a guilty plea after sentencing, you must file one of the following documents:
- 1. Motion for a new trial: Motions for a new trial are generally governed by state law and strict time limitations. In Texas, a person has 30 days following the date of sentencing to submit a written motion for a new trial; and
- 2. Writ of Habeas Corpus: Writs of habeas corpus are not governed by strict time limitations and may be filed any time after sentencing, provided the motion for new trial is not an available option.
Both methods allow a person to make allegations and present evidence to prove their plea of “guilty” or “no contest” was not voluntarily made. Additionally, both can result in a hearing where witnesses, or evidence, can be presented to prove the claim.
Reasons for an involuntary plea can take many forms. For instance, the defendant may claim the court made mistakes affecting the voluntary nature of the plea. Another basis for an involuntary plea may be the prosecutor failed to comply with the terms of a plea bargain. Additionally, a person may claim they were denied legal counsel at some critical phase in the criminal proceedings. Lastly, a defendant may claim ineffective assistance of counsel, meaning their lawyer, through action or inaction, caused a person’s plea to be involuntary.
Some reasons for an involuntary plea also require the defendant prove they were harmed as a result. For example, ineffective assistance of counsel requires proof of harm, whereas denial of legal counsel does not.
In any attempt to withdraw a guilty plea, you must seek legal counsel and understand all the repercussions of withdrawing the plea. The process is also complicated and qualified legal counsel is a must.
Steve Gustitis is a Texas Board Certified Criminal Defense Attorney and drug possession lawyer practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County
By Stephen Gustitis | December 15th, 2021
