In federal court in Tampa Bay and Pinellas a defendant may have difficulty changing his plea to guilty unless he states on the record that he is pleading because he is in fact guilty. Further in federal court someone who has plead guilty may withdraw his guilty plea before being sentenced if the defendant shows fair and just reason for the court to grant the request.
The factors federal district courts consider in evaluating a fair and just reason to withdraw a plea of guilty include: “(1) the plausibility of the reasons prompting the requested change of plea; (2) the timing of the defendant’s motion; (3) the existence or nonexistence of an assertion of innocence; and (4) whether, when viewed in the light of emergent circumstances, the defendant’s plea appropriately may be characterized as involuntary, in derogation of the requirements imposed by Fed.R.Crim.P. 11, or otherwise legally suspect.” Before telling this to your favorite federal judge maybe you should contact your Clearwater Criminal Defense Lawyer.
|I want to plead but I didn't do it.|
Painting: Lorenzo Lotto, Portrait of Andrea Odoni, 1527