Denver Motion to Withdraw Plea Lawyer
A guilty plea is not always the end of the road. Colorado law allows defendants to withdraw a plea under specific circumstances, and the window to do so, the procedural requirements, and the likelihood of success all depend on where you are in the process. Reid DeChant is a Denver motion to withdraw plea lawyer who has handled criminal matters from first appearance through trial across Denver, Adams County, Jefferson County, and the surrounding metro area. If you entered a plea you now believe was a mistake, understanding what is actually possible comes first.
What “Withdraw a Plea” Actually Means in Colorado Court
When a defendant pleads guilty or no contest, the court accepts that plea only after a colloquy confirming the defendant understands the charge, the rights being waived, and the likely consequences. A motion to withdraw a plea asks the court to undo that acceptance and restore the case to its pre-plea posture, meaning the defendant goes back to facing the original charges as if no plea had been entered.
Under Colorado Rule of Criminal Procedure 32(d), the standard for granting withdrawal shifts depending on timing. Before sentencing, a court may allow withdrawal if it is fair and just to do so. After sentencing, the standard becomes much harder to meet: a defendant must show manifest injustice. That is a meaningful distinction, not just a technicality. A motion filed before a sentence is imposed has substantially better odds than one filed months after a defendant has been sitting on a conviction.
What courts actually look at under both standards includes whether the plea was truly voluntary, whether the defendant understood what they were waiving, whether defense counsel provided constitutionally adequate representation, whether the prosecution would be unfairly prejudiced by withdrawal, and how much time has passed. None of these factors works in isolation. A court weighs the full picture, which is why the motion itself needs to be built carefully and not simply assert that the defendant changed their mind.
The Grounds That Actually Move Courts to Grant Withdrawal
Not every regret about a guilty plea translates into viable legal grounds. Colorado courts are not going to unwind a plea simply because a defendant later wishes they had taken the case to trial. The grounds that carry real weight tend to fall into a few distinct categories.
Ineffective assistance of counsel is one of the most frequently argued bases. If defense counsel failed to investigate key facts, misadvised the defendant about the actual sentencing exposure, did not explain immigration consequences for a non-citizen client, or applied pressure that overcame the defendant’s ability to make a genuinely free choice, those failures can support withdrawal. This ground requires a two-part showing drawn from federal constitutional standards: that counsel’s performance fell below an objective standard of reasonableness, and that the deficiency actually affected the outcome.
Involuntariness is another serious ground. A plea has to be the product of a knowing and voluntary decision. If a defendant was not told that a guilty plea in a domestic violence case would result in a federal prohibition on firearm possession, or was not advised of sex offender registration requirements, or the court failed to conduct an adequate advisement on the record, the voluntariness of that plea is legitimately in question.
Newly discovered evidence is a third category. If facts come to light after the plea was entered that could not have been discovered through reasonable diligence before the plea, and those facts are material enough that they might have changed the outcome, a court can weigh that in deciding whether withdrawal is appropriate.
What does not work as a standalone argument: cold feet before sentencing, a change in circumstances after sentencing, or a general sense that the deal was not favorable. Courts see these arguments constantly and they rarely succeed without a concrete legal hook.
Post-Conviction Relief and the Crim. P. 35 Framework
When a sentence has already been imposed, a motion to withdraw a plea often intersects with post-conviction proceedings under Colorado Rule of Criminal Procedure 35. Specifically, a Crim. P. 35(c) motion allows a defendant to challenge a conviction on constitutional grounds, including claims that the plea itself was unconstitutionally obtained. The manifest injustice standard that governs post-sentencing plea withdrawal under Rule 32(d) aligns closely with the constitutional claims raised in a 35(c) petition.
These proceedings happen at the trial court level first, in the same court where the conviction was entered. In Denver County, that means Denver District Court. In cases originating out of Adams County or Jefferson County, the motion goes to those respective district courts. Each judge has their own approach to the evidentiary hearing process, and understanding how those courtrooms actually operate matters in terms of how to present these arguments effectively.
If a Crim. P. 35(c) motion is denied at the trial court, appellate review through the Colorado Court of Appeals is available. That is a longer road, but for cases involving serious convictions and genuinely strong underlying claims, it is sometimes the path that has to be taken.
What Reid DeChant Brings to This Work
Reid’s background as a public defender in Denver, Broomfield, and Adams County means he has seen the full range of circumstances that lead people to plead guilty, including cases where that decision was made under pressure, without complete information, or with counsel who did not do the work. He has tried cases to verdict across multiple jurisdictions and understands both what makes a strong plea defense at the time of entry and what makes a compelling argument for withdrawal after the fact.
At Trial Lawyers College, Reid developed a framework for case presentation grounded in the actual human story behind each case. That approach matters in post-conviction work too. A motion to withdraw a plea is not just a procedural filing. It tells a judge why the system did not work correctly the first time, and it asks a court to take the unusual step of undoing something already done. That argument requires precision and clarity about the specific legal failures involved, not boilerplate claims.
The results documented on DeChant Law’s website, including dismissed DUI cases, domestic violence acquittals, and assault cases resolved in favor of the defendant, reflect the kind of work that goes into every matter at this firm, from the first consultation through the last court appearance.
Questions Clients Ask About Withdrawing a Guilty Plea in Denver
How much time do I have to file a motion to withdraw my plea before sentencing?
Colorado does not set a hard deadline for pre-sentencing withdrawal motions, but the longer you wait, the more a court may scrutinize your reasons for waiting. If you have doubts about a plea you entered, raising them with an attorney immediately gives you the most room to work with.
Does withdrawing a plea mean I go back to facing the original charges?
Yes. If the court grants the motion, the case is restored to its pre-plea status. That means the original charges are back on the table, and the prosecution can proceed as if no plea was ever entered. This is one of the most important things to think through before filing, because plea deals sometimes involve charge reductions that disappear if the plea is withdrawn.
Can immigration consequences from a guilty plea be a basis for withdrawal?
They can be a significant factor. Colorado courts have found that failure to advise a non-citizen defendant of deportation and other immigration consequences before accepting a plea undermines the voluntariness of that plea. Federal constitutional law under Padilla v. Kentucky requires defense counsel to advise clients about immigration consequences. If that advice was not given or was given incorrectly, it can support a withdrawal motion.
What if my lawyer told me to take the deal and I now believe that advice was wrong?
Disagreeing with your former lawyer’s strategy is generally not enough on its own. To prevail on an ineffective assistance claim, you need to show both that the advice fell below professional norms and that better advice would have changed what you did. An attorney can evaluate the specific facts of what you were told and whether those facts meet the legal threshold.
Will the judge who accepted my plea be the one deciding the withdrawal motion?
In most cases in Denver and across the metro, yes. That judge has direct familiarity with the original plea colloquy and record. It is one reason why the motion has to be grounded in specific legal error rather than general dissatisfaction with how the case went.
What happens if the court denies my motion to withdraw the plea?
Denial at the trial court level can be appealed to the Colorado Court of Appeals. Appellate review in post-conviction matters is available for constitutional claims and for errors of law in how the trial court applied the withdrawal standard. Timelines and procedural requirements for appeal are strict, so acting quickly after a denial matters.
Is it possible to withdraw a plea to a DUI in Colorado?
Yes, the same legal standards apply regardless of the underlying charge. DUI pleas are subject to the same voluntariness and effective assistance requirements as any other plea. Given the collateral consequences of a DUI conviction, including license issues, potential employment consequences, and enhanced penalties for future offenses, examining whether a prior plea was properly entered is sometimes worth doing carefully.
Talk to a Denver Plea Withdrawal Attorney About Your Options
Not every conviction is truly final. The legal standards for withdrawing a plea in Colorado are demanding, but they exist precisely because the system recognizes that guilty pleas can be entered under circumstances that undermine their reliability. Reid DeChant works with clients in Denver and across the metro area who need a clear-eyed assessment of whether their situation actually supports a challenge, and if so, how to build one that stands up. Reach out to DeChant Law to discuss your case with a Denver plea withdrawal attorney who will tell you honestly what is realistic and what is not.