united-states criminal-law lawyer new-york-state plea
How do I go about having a guilty plea withdrawn in New York?
<p>I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration. the Lawyer told me that he agrees. He told me he would take care of everything. When the day came for me to show up with my lawyer he told me to sign some papers and then I fond out after the fact it was a guilty plea. I have been trying to reopen the case for almost a year now. I have filed paperwork with the court and with the attorney general's office. No one will respond to any requests I have made.</p>

<p>What is the process for having the plea withdrawn?  Is it even possible at this point? It has been over a year and I don't expect any justice to be served. I'm merely asking if things could have been done.</p>

<blockquote>
  <p>What is the process for having the plea withdrawn? Is it even possible
  at this point?</p>
</blockquote>

<p>Maybe, but <strong>YOU</strong> are not going to be able to do this on a pro se basis.  It is clear from the way you word the questions you are still extremely emotionally invested in the whole scenario and want to make sure you get your pound of flesh at every turn.  That is not going to work in this case.</p>

<p>The first thing you need to accept is that for the purposes of the plea withdrawl the judge does not care to hear about how the lawyer tricked you.  If you go in on your own pleading that your lawyer did you dirty, the judge is just going to deny your request in the best case.</p>

<p>You will need a lawyer to prepare and argue the motion to withdraw your plea.  Get a good lawyer they are worth their costs.  Focus on the main goal of resolving your issue of the Criminal Trespass.  How the police treated you or your Tenant took advantage of you does not excuse criminal behavior.  So if the plea does get withdrawn focus on winning the criminal case.  After the criminal issues are resolved then you can deal with the other issues.</p>
