法律英语：59 Plea Withdrawal

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.  
 
On June 7, 2007, Idaho Senator Larry Craig was arrested on suspicion of lewd³ conduct arising from an incident where Senator Craig allegedly attempted to engage in sexual activity with an undercover police officer in a Minneapolis airport bathroom. Senator Craig pleaded guilty to that offense⁴, but recently filed a motion to withdraw that plea. Today I will discuss the circumstances under which a criminal defendant⁵ may withdraw a plea.
 
First, it is necessary to understand what pleading in a criminal case is. The Constitution guarantees to criminal defendants⁶ the right to due process and a trial. The due process right generally requires the government to inform the accused of the charges against him, and then the defendant has the right to a trial at which the government bears the burden to prove, beyond a reasonable doubt, that the defendant committed the crime. However, a criminal defendant may waive⁷ his right to a jury trial, and simply plead guilty to the charge. When a defendant pleads guilty, he effectively accepts the truth of the charges by allowing the government to forego having to prove the charges.
 
But, a defendant may later withdraw his own plea. While there is no absolute right to withdraw a plea, courts will generally grant a motion to withdraw a plea where it would be manifestly unjust to allow the plea to stand. Various courts, both federal and state, have recognized circumstances that give rise to a manifest injustice⁸.
 
First, a court will grant a motion to withdraw a plea where the defendant did not voluntarily enter into the plea. For example, a court allowed a defendant to withdraw where the arresting officers had used mace⁹ on him while arresting him, and intimated that they would use the mace again if the defendant did not cooperate with them. Also, courts have allowed a withdrawal¹⁰ where the defendant was led to believe by police officers that pleading not guilty would result in a much harsher sentence, and that he would never be allowed to see his children again.
 
Second, a court will allow withdrawal where the defendant did not understand the charges against him. This often occurs where the defendant does not have an attorney present when he enters his guilty plea. Typically, a court will allow the withdrawal only where the police or the court did not explain the factual basis of the charges. But, courts will not generally allow withdrawal simply where the defendant does not understand the peripheral¹¹ effects of a guilty plea. For example, courts have consistently denied withdrawal where a defendant argues that he did not understand that pleading guilty to a felony has immigration or occupational effects.
 
Third, courts have permitted withdrawal where the defendant was not informed of his constitutional rights such as the right to a jury trial or the right to counsel. If the criminal defendant is not informed that he can challenge the charges against him in open court, and with an attorney working on his behalf, then a court will usually withdraw his plea. Further, if the defendant was represented by counsel at his plea, but the attorney is later shown to have rendered incompetent¹² service, then the defendant may ordinarily withdraw.  
 
Last, a court will withdraw a plea where there does not exist any factual basis for the plea. For example, a defendant was charged with battery and theft of a car. But, the statement from the victim only indicated that the car was stolen, but not that the defendant had touched or harmed her while stealing the car. The defendant pleaded guilty to both stealing the car and battery. The court allowed the defendant to withdraw his guilty plea to the battery charge because there was no evidence that would provide the factual basis for that charge.
 
Senator Craig has challenged his plea on several grounds. He argues that his plea was not voluntary because he was under severe anxiety at the incident becoming public, and that he had a plane to catch. He argues that the officer promised him that the incident would remain private if he pleaded guilty, and so his guilty plea was made under the extreme stress of the situation. Craig also argues that there are insufficient¹³ facts to support the conviction. He argues that the officer’s version of the events in the bathroom stall cannot support a conviction under the Minnesota disorderly conduct statute¹⁴.
 
(To see the full text of Craig’s motion, please see:.............. 
Whether the judge will accept these arguments remains¹⁵ to be seen.
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁶ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com.
 
You can send questions and comments to.............or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 lewd   

adj.淫荡的

参考例句：

• Drew spends all day eyeing up the women and making lewd comments.德鲁整天就盯着女人看，说些下流话。
• I'm not that mean,despicable,cowardly,lewd creature that horrible little man sees. 我可不是那个令人恶心的小人所见到的下流、可耻、懦弱、淫秽的家伙。

4 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

5 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

6 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

7 waive   

vt.放弃，不坚持(规定、要求、权力等)

参考例句：

• I'll record to our habitat office waive our claim immediately.我立即写信给咱们的总公司提出放弃索赔。
• In view of the unusual circumstances,they agree to waive their requirement.鉴于特殊情况，他们同意放弃他们的要求。

8 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

9 mace   

n.狼牙棒，豆蔻干皮

参考例句：

• The sword and mace were favourite weapons for hand-to-hand fighting.剑和狼牙棒是肉搏战的最佳武器。
• She put some mace into the meat.她往肉里加了一些肉豆蔻干皮。

10 withdrawal   

n.取回，提款；撤退，撤军；收回，撤销

参考例句：

• The police were forced to make a tactical withdrawal.警方被迫进行战术撤退。
• They insisted upon a withdrawal of the statement and a public apology.他们坚持要收回那些话并公开道歉。

11 peripheral   

adj.周边的，外围的

参考例句：

• We dealt with the peripheral aspects of a cost reduction program.我们谈到了降低成本计划的一些外围问题。
• The hotel provides the clerk the service and the peripheral traveling consultation.旅舍提供票务服务和周边旅游咨询。

12 incompetent   

adj.无能力的，不能胜任的

参考例句：

• He is utterly incompetent at his job.他完全不能胜任他的工作。
• He is incompetent at working with his hands.他动手能力不行。

13 insufficient   

adj.(for，of)不足的，不够的

参考例句：

• There was insufficient evidence to convict him.没有足够证据给他定罪。
• In their day scientific knowledge was insufficient to settle the matter.在他们的时代，科学知识还不能足以解决这些问题。

14 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

15 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

16 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。