Motion to Withdraw Plea
This service is for people who have entered a guilty plea for a violation of the Highway Safety Code, and who want to withdraw it because they did not understand the nature of the charge or the possible consequences of the plea, or if she has not genuinely consented to the plea.
A person who pays a statement of offense in full is deemed to have submitted a guilty plea, and a judgment of guilt is deemed to have been rendered against him (art. 162 of the Code of Penal Procedure). In order to withdraw the plea, the only possible recourse is an appeal before the Superior Court. According to article 272 of the Code of Penal Procedure, a Notice of Appeal must be filed with the office of the Superior Court within 30 days of the judgment. It is possible to request a longer period in order to lodge the appeal if there are justified reasons (art. 271 of the Code of Penal Procedure). The filing of the notice of appeal suspends the execution of the judgment rendered in first instance (except the one under which the defendant is imprisoned).
The person must demonstrate that they did not appreciate the nature of the charge or never intended to admit guilt. In addition, she must present a valid defense to the offense. At this stage, the Court does not determine guilt or innocence, but rather ensures that the defense is not frivolous or non-existent. It is the responsibility of the accused to prove by a preponderance of evidence that a recorded plea is invalid on the ground that it was not voluntary, unequivocal and informed.
When the person has only changed his mind, or concluded that the strategy was not adequate for his situation, the motion to withdraw the guilty plea will not be granted.
If the person instead transmitted an incomplete payment without specifying their plea, a default judgment will be rendered against them. In such a situation, the recourse available to challenge a default judgment is the Motion for Revocation of Judgment.
If you wish to initiate a plea withdrawal request, contact us to determine if your file is eligible for such a request.
The person must demonstrate that they did not appreciate the nature of the charge or never intended to admit guilt. In addition, she must present a valid defense to the offense. At this stage, the Court does not determine guilt or innocence, but rather ensures that the defense is not frivolous or non-existent. It is the responsibility of the accused to prove by a preponderance of evidence that a recorded plea is invalid on the ground that it was not voluntary, unequivocal and informed.
When the person has only changed his mind, or concluded that the strategy was not adequate for his situation, the motion to withdraw the guilty plea will not be granted.
If the person instead transmitted an incomplete payment without specifying their plea, a default judgment will be rendered against them. In such a situation, the recourse available to challenge a default judgment is the Motion for Revocation of Judgment.
If you wish to initiate a plea withdrawal request, contact us to determine if your file is eligible for such a request.
Services included in this package:
- The opening of your file
- Consultation with a lawyer about your file, by telephone or videoconference
- Drafting procedural documents
- The filing of pleadings, and the payment of court fees related to the filing of pleadings
- Requesting a copy of your file from the SAAQ, if necessary
- The administrative and legal follow-up of your file
- Representation before the court
- The displacement of the lawyer to the court.
*** Note: In the event that your case is heard in a district other than Montreal, Laval or Longueuil, additional fees may apply for the travel of the lawyer.