Pleader’s Remorse: When Can You Take it Back?

Some things sound like a good idea at the time, but later turn out to be a bad decision. This is often true when a defendant enters a guilty plea in a criminal case or traffic court. The question becomes: can you change your mind? In a decision on February 4, 2009, the New Jersey Supreme Court says that you can take it back, under the right circumstances.

In the case of State v. Slater, the defendant entered a guilty plea, then later wanted to withdraw it. The trial court rejected his motion to vacate plea, saying that he had simply "changed his mind," and that that was not a good enough reason. The matter was appealed, thus giving the Supreme Court an opportunity to develop guidelines for trial judges presented with this type of prayer for relief. Although standards are set forth in the court rules for criminal (3:9-3(e)) and traffic court (7:6-2(b)) cases, the court added a four-part balancing test. Judges must consider:

Whether the defendant has asserted a reasonable claim of innocence;
The nature and strength of his reasons for withdrawal;
the existence of a plea bargain; and
whether withdrawal of the plea would result in an unfair disadvantage to the State or unfair advantage to the defendant.

The Justices stated that trial courts should consider and balance all of these points in considering a defendant's request, yet not all four factors must be met. This was certainly good news for Slater, whose plea was vacated.

One instance in which this comes up is where foreign nationals plead guilty to crimes and then find themselves being deported (surely an unintended consequence of the plea). This came up tangentially in a case last November (2008), McKnight v. Public Defender. Any plea of guilty to a crime or traffic offense should be entered into with great care and caution. However, should the need arise, it is good to know that there is a "litmus test" for trial court judges in considering this type of request by a defendant.

The Law Office of Steven J. Richardson serves New Jersey, including: Gloucester, Camden, Burlington, Salem, Cumberland and Atlantic Counties and surrounding New Jersey communities, including Woodbury, Colonial Manor, North Woodbury, Woodbury Heights, Deptford, Thorofare, Gloucester City, Washington Township, Blackwood, Brooklawn, Westville and Pitman.

Richardson Law Offices
40 Newton Avenue
Woodbury, NJ 08096
Phone: (856) 686-9910
Fax: (856) 686-9911