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You may ask to withdraw a guilty plea in Minnesota, but regret alone does not give you a right to undo it. The legal standard, evidence and timing matter. Tell your attorney promptly what was wrong with the plea and whether sentencing has occurred.
What are the two plea-withdrawal standards?
Minnesota Rule of Criminal Procedure 15.05 provides two standards:
- Before sentencing: the judge may allow withdrawal when it is fair and just. The court considers your supporting reasons and prejudice to the prosecution from actions taken in reliance on the plea. Approval is discretionary.
- Before or after sentencing: the court must allow withdrawal on a timely motion with proof that it is necessary to correct a manifest injustice. This standard is not limited to requests made after sentencing.
The rule also permits a withdrawal request without asserting innocence. That does not remove the need for a legally supported reason.
What makes a guilty plea invalid?
In State v. Raleigh, the Minnesota Supreme Court explains that a valid plea must be accurate, voluntary and intelligent. Accuracy concerns the factual basis for the offense; voluntariness concerns improper pressure or inducements; intelligence concerns understanding the charge, waived rights and plea consequences.
A lawful negotiated plea agreement is not invalid merely because it includes promises. The record must show what was actually agreed to and understood. A later change of mind or disappointment with the outcome does not itself prove a defect.
Does incorrect legal advice justify withdrawal?
It can support a claim, but “bad advice” is not a complete legal test. For an ineffective-assistance claim, counsel’s deficient performance and resulting prejudice must be established.
What records should you gather?
- The signed plea petition and written agreement.
- The plea-hearing transcript or recording and sentencing order.
- Messages or other records showing the advice or promises you relied on.
- A dated explanation of the alleged error and when you discovered it.
- Prior appeal or postconviction filings and decisions.
An attorney can compare these materials with the legal requirements and identify the proper procedure. Explain specific facts rather than relying only on regret or a general allegation that the process was unfair.
Are there deadlines after sentencing?
Yes. Minnesota Statutes section 590.01, subdivision 4, generally sets a two-year postconviction filing limit measured from the later of the judgment of conviction or sentence when no direct appeal is filed, or the appellate disposition of a direct appeal. Statutory exceptions have their own requirements, including a two-year period from when the claim arises.
Do not treat this as permission to wait two years. Appeal deadlines, timeliness requirements and procedural bars can affect the available route. Ask counsel to calculate the deadlines for your record immediately.
What happens if withdrawal is granted or denied?
If withdrawal is granted after sentencing, Rule 15.05 requires setting aside the judgment and plea. Withdrawal does not itself dismiss the criminal charges. Discuss the effect on the plea agreement and further prosecution before seeking relief.
If the request is denied, the plea remains effective and any existing judgment or sentence remains unless changed through further proceedings. Whether an appeal or postconviction claim is available depends on the stage of the case, prior litigation and applicable deadlines.
Discuss your Minnesota plea with an attorney
Martine Law can review your concerns about a plea. See our Minneapolis criminal defense, felony defense, DWI defense, theft defense and assault defense pages for related information.
Contact Martine Law or call (612) 294-0650 to discuss your case. A Director of Client Engagement (non-attorney) can help with intake and scheduling but does not give legal advice. An attorney evaluates potential grounds and deadlines; no withdrawal or other outcome is guaranteed.
This article is general information, not legal advice for a particular case.
