Tuesday, October 28, 2014

How long do I have to withdraw a plea in Florida? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     How long do I have to withdraw a plea in Florida?

A:   Chosen as "Best Answer" by Asker on AVVO!


Licensed in FL
Michael Adam Haber

PRO

Criminal Defense Attorney - Miami, FL

Contributor Level 20

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Helpful vote
Answered . If there is legal cause to do so then you can file a motion to withdraw your plea under Rule 3.170. This motion must be filed within 30 days of your sentence. However, if you are beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then you can file a motion to vacate the judgment and sentence under Rule 3.850. In this case you have 2 years from the day that the sentence became "final" in which to file. 
Florida Rule of Criminal Procedure 3.800 allows a defendant to file a motion to reduce or modify their sentence, but this motion has to be filed within 60 days from the date of sentencing. If a judge denies the motion you typically cannot appeal the decision.
I hope this has been helpful.
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Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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