Understanding Plea Deal Regrets: Navigating Your Options
Have you just finished a criminal case and you’re not sure if you should have taken a plea? Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by talking about what to do if you regret entering a plea.
So, statute and case law are pretty clear. If you’ve entered a plea on a criminal case, whether it’s a misdemeanor or felony, or even if it’s on a traffic ticket, you have 10 days from the day that you entered the plea to ask the court to allow you to withdraw that plea. Now, I cannot stress this enough. That 10-day window is firm and it is ironclad.
The Importance of the 10-Day Window
There are tons of case law that shows that it doesn’t matter if you miss that window by an inch or by a mile. If you miss it, you miss it. And when I say that it’s ironclad, I mean there’s case law out there where someone thought it meant to be 10 business days, and because of that, they were three days late, and the appellate court said, sorry about you, it’s too late, you filed out of time, you’re not allowed to withdraw your plea. So make sure that you hit that 10-day window.
Honestly, I tell all of my clients this. If you think there’s a chance that you’re going to change your mind within the next 10 days, don’t even enter the plea in the first place. It’s not going to be worth it, because ultimately what’s going to happen is you’re going to want to try to withdraw it, and then your lawyer’s going to be scrambling trying to get the motion filed before that 10-day deadline lapses.
Critical Timing for Filing
It’s a very, very small, very, very tight window. But make sure that you’re aware of that, and make sure you’re aware of when those 10 days lapse. If it ends on a Saturday or Sunday, then you have until that following Monday. That’s how it is with all filing deadlines within the court system. If the deadline falls on a weekend or on a national holiday, then you have until the following day that the courthouse is open.
So if you’re in this situation, and you’re wanting to withdraw your plea, or you think that you’re in a criminal case, you’re going through negotiating a deal, and you’re not sure if this is the deal for you, and you think you might end up changing your mind, give me a call. I definitely want to talk with you about this. I want to make sure that you know your rights, make sure you know your appellate rights, and that you’re still within the right amount of time to make something happen.
Book Your Low-Cost Initial Strategy Session Today
My name is Carl Birkhead. I’m a Tulsa felony attorney with Wirth Law Office, and I want to help you make law easy. If you’re uncertain about your plea deal or wish to explore your options further, contact me today at 918-879-1681 to schedule a low-cost initial strategy session. Let’s take the first step towards securing your rights and making informed legal choices.
