Can I get out of my guilty plea ?

  • I pleaded guilty, what are my options ?

  • Is there a way to withdraw my plea ?

  • Can I get out of my guilty plea ?

While not impossible, it certainly is difficult to withdraw a plea of guilt – John Fanney 

Aid-of-Counsel-Guilty-Pleas-in-North-Carolina-2017MORE INFO: Aid of Counsel Guilty Plea in North Carolina


How Does It Work In Court?

The answer is, “It depends.”

People sometimes make the mistake of showing up to Court by themselves, hoping things will work out.

While you are allowed to serve as your own attorney in North Carolina, that is not always a good idea.

There is reason to have a lawyer helping you, looking out for your best interests.

That’s because the legal system, the Courts, and the laws are often complicated, if not downright confusing.

It also depends on what type of charges you face and the procedural history of the matter.

Lawyers like to ask a lot of questions.  For example, I’d want to know:

  • Are they Misdemeanors?
  • Have You Been Accused of a Felony?
  • Did You Waive Your Right to an Attorney?
  • Did You Sign a Transcript of Plea?
  • What is Your Prior Record?
  • Are You On Probation Now?
  • Do You Have Other Charges Pending?

CLICK HERE FOR INFO: Larceny, Embezzlement, Fraud


Misdemeanor Sentencing Chart NC 2017

Modified Transcript of “Can I get out of my guilty plea ?” for the Hearing Impaired

Hi, I’m John Fanney at Fanney Law Office. I’m just looking at some questions people have posted on the Internet.

I’m going to answer one of these questions. This is not from a real client. This is from someone just like you who has posted something on the Internet looking for some information.

Unfortunately, there’s a lot of bad information on the Internet – John Fanney 

I’m just going to take one of these questions and try to give you a good answer.

I would like to withdraw my plea in a case. How much would it cost to retain a lawyer here in North Carolina? I believe I was not only wrongfully charged but I was also wrongfully convicted of assault on a female. The complainant appeared in court and didn’t want to pursue the charges but the prosecution, along with the state, moved forward anyway.

This was the first offense of any kind. I didn’t know that taking a plea would hurt my record and my chances of getting a proper job to provide for my family. I would like to withdraw my plea.

Well, the first thing you’d need to consider in withdrawing your plea, is whether or not you’ve waived your right to counsel.

If you were asked to sign a waiver of your right to either a court appointed counsel or to hire your own attorney, you were treated like an attorney yourself.

You were charged with the knowledge and the understanding of the process. It all depends on the facts. It definitely depends on your lawyer’s experience and what your lawyer’s willing to do.

Your lawyer may even have to try your case.

You definitely want to have a lawyer with trial experience and someone who’s not afraid to tell the state, “We’re ready to go to trial.”

I’m John Fanney, a Criminal Defense Lawyer in Raleigh, here in Wake County.

I try case. I’m here to help.


John Fanney is available for consultation on legal matters involving Criminal Defense, Traffic Law, and DWI DUI Impaired Driving.

Mr. Fanney is a North Carolina State Bar Board Certified Criminal Defense Lawyer 

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