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Can I Withdraw My Guilty Plea in My DUI Case?

Can I Withdraw My Guilty Plea in My DUI Case

You pled guilty to a DUI charge, but now you regret the plea and want to keep fighting. Is it too late to withdraw your plea? If the judge has not accepted your plea or you have not been sentenced, most likely you can still withdraw it easily. If you have been sentenced, you will have a difficult time withdrawing it. Judge has not accepted the plea, or you have not been sentenced If the judge has not accepted your guilty plea, you may withdraw your plea for any reason or no reason. If you have not been sentenced, you may withdraw...

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Guilty Pleas: What You Can Expect in Court

Guilty Pleas: What You Can Expect in Court

One key Supreme Court case describes your rights and what you can expect if you make a guilty plea in court. In Brady v. United States, 397 U.S. 742 (1970), the Court considered whether the guilty plea of a defendant who changed his plea due to new information about his co-defendant was voluntary. In doing so, the Court explained how to evaluate whether a guilty plea is voluntarily, intelligently, and knowingly made. Guilty pleas are not voluntary if they are “induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by promises that are...

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What Kinds of Roadside Questions Require a Miranda Warning?

What Kinds of Roadside Questions Require a Miranda Warning?

Roadside questions from law enforcement – are they legal if you have not been given a Miranda warning? What kinds of questions can the police ask? Two key Supreme Court opinions in the cases of Berkemer v. McCarty and Pennsylvania v. Muniz address and (mostly) answer these common queries in the context of DUI cases. In Berkemer v. McCarty, 468 U.S. 420 (1984), a police officer pulled over a driver whose car was swerving in and out of its traffic lane. After the officer pulled over the driver and noticed his difficulty standing and slurred speech, the officer asked the driver...

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