Guilty Plea Withdrawal In New Jersey
The New Jersey Supreme Court decided a case on February 4, 2009 that outlines the factors all Courts in the State of New Jersey are to use when determining if a prior, guilty plea can be withdrawn. The case entitled State v. Slater lists the following four factors to be considered: 1) whether the defendant has asserted a colorable claim of innocence; 2) the nature and strength of the defendant’s reasons for withdrawal; 3) the existence of a plea bargain; and 4) whether withdrawal could result in unfair prejudice to the state or unfair advantage to the accused. In this case, the Court ruled that the defendant met his burden under this four factor test and is allowed to withdraw his previously entered plea. The Court’s opinion also adds that not every one of the four factors needs to be met, but rather in evaluating a defendant’s motion to withdraw a guilty plea the four factors must be balanced as a whole.
At defendant Slater’s sentencing hearing, Slater told the court that the only reason he entered into the plea in the first place is because his New Jersey criminal defense attorney told him that if he went to trial he would lose. In addition, in Slater’s pre-sentence report he denied that he committed the offense. If you are considering withdrawing a prior guilty plea to an offense, please contact a criminal defense attorney in New Jersey at the law firm Lependorf & Silverstein, P.C. to discuss your case. The law firm of Lependorf & Silverstein will provide you with a free initial telephone evaluation to advise you regarding filing a motion with the court to withdraw a prior guilty plea to an offense in the state of New Jersey.
