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The following is a sample Motion to Withdraw a Plea, filed in a Florida criminal case where the defendant alleged that her plea was not knowing or voluntary. This Motion is provided for general reference only, and is not intended as a substitute for legal advice or for legal representation by a qualified Jacksonville, FL criminal defense lawyer.
MOTION TO WITHDRAW PLEA
Defendant, ________________, by and through her undersigned counsel and pursuant
to Rule 3.170(l), Florida Rules of Criminal Procedure, hereby requests this Honorable
Court to allow Defendant to withdraw her plea in the above-
1. On May 9, 20__, Defendant entered a plea of No Contest to the Charge of Possession
or Use of Drug Paraphernalia (M1). Defendant’s plea occurred at First Appearance
at the Duval County Pre-
2. As a consequence of her plea, Defendant was sentenced to nine months jail and twelve months probation, with jail as a special condition of probation.
3. Defendant was not represented by counsel.
4. Defendant maintains that, on the date of her plea, she was experiencing symptoms of withdrawal stemming from a drug addiction to Oxycoton.
5. Defendant’s withdrawal symptoms impaired Defendant’s judgment, decision-
6. Defendant further maintains that, due to her mental state, she was not given adequate time to deliberate on her plea or the proposed sentence.
7. Defendant further maintains that, due to her mental state, she was not adequately
advised of or had insufficient time to reflect upon her right to retain counsel or
8. As a result of the foregoing, Defendant maintains that her plea was involuntary within the meaning of Rule 9.140(b)(2)(A)(ii)(c), Florida Rules of Appellate Procedure.
WHEREFORE, Defendant respectfully requests that this Honorable Court permit Defendant to withdraw her plea and resume her case on the Court docket.
|Battery on Police Officer|
|Domestic Violence Battery|
|Exposure of Sexual Organs|
|Resisting Arrest With Violence|
|Dealing in Stolen Property|
|Failure to Return Leased Property|
|Contracting Without a License|
|Possession of Marijuana|
|Sale of Cannabis|
|Possession of Paraphernalia|
|Violation of Probation|
|Sealing and Expunging|
|Leaving the Scene of an Accident|