Can You Withdraw a Guilty Plea? | What's The Appeal?

Why do some defendants want to withdraw their guilty pleas, and what are the most common reasons?

This comes up all the time in my legal practice: What can you do if you plead guilty and then change your mind?

I’ll be sharing what really happens behind the scenes when someone wants to withdraw their guilty plea, especially if the sentence they get isn’t what they expected. I’ll explain how joint recommendations work here in Ohio, why clear communication between lawyers and clients is absolutely crucial, and what legal hurdles you’re likely to face if you try to take back a guilty plea—whether it’s before or after sentencing.

So if you’re curious about the appeals process, struggling with buyer’s remorse after a plea deal, or just want to understand how the criminal justice system really works, this episode offers real-life stories, hard-earned insights, and practical advice from inside the courtroom.

Key Moments

00:00 Clear Client Communication on Plea Deals

05:02 Plea Withdrawal Challenges in Ohio

07:05 Withdrawing Plea: Start Over Consequences

09:44 Rule 11 Plea Negotiations Overview

Here are 3 key takeaways:

• It’s Much Harder After Sentencing: In Ohio, withdrawing a guilty plea after sentencing requires a very strong reason, like major mistakes during the plea process or bad legal advice. Courts generally don’t like granting these requests.
• Timing Is Everything: Before sentencing, withdrawals should be granted more freely, but courts are increasingly strict. If you’re reconsidering, don’t wait.
• You Might Be Back to Square One: Withdrawing a plea means the original charges (and risks) are back on the table, and prosecutors may not offer the same deal again. Sometimes, things can actually get worse.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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