Court Process, Plea & Trial

Can I withdraw a guilty plea?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Sometimes, and the timing matters enormously. Before sentencing is far easier than after.

Possibly, and the standard depends on when you ask.

Before sentencing, the standard is more forgiving — good cause. Courts consider whether the plea was truly voluntary, whether counsel's advice was adequate, whether new information emerged, and whether the State would be prejudiced.

After sentencing, it becomes substantially harder, generally requiring a showing of manifest injustice, and there are strict time limits for filing.

What supports withdrawal: a plea entered without understanding a direct consequence, counsel who gave incorrect advice about something material — immigration consequences being the recurring example — a promise made outside the record that wasn't kept, or a genuine claim of innocence with a reason the plea was entered anyway.

What generally doesn't: a change of mind, dissatisfaction with the sentence imposed, or a belief the deal could have been better.

The colloquy transcript is the obstacle in most of these motions, which is why what gets said at the plea hearing matters so much.

If you're having doubts, raise them before sentencing. The window narrows sharply after. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.