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# Can you withdraw a guilty plea?
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5. Can you withdraw a ...
January 07, 2023
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By
jrichcontentcustoms
You may have accepted a plea deal only to change your mind later on. It could be because you believe you got a raw deal or were unaware of the rights you waived after accepting the deal. In such a case, can you withdraw your guilty plea? Here is what you need to know. What the law in Virginia says Under Virginia law, you can withdraw a guilty plea if you have not been sentenced. However, you need to convince a judge to grant your motion to withdraw. Some of the reasons a judge may allow a defendant to withdraw a guilty plea include the following: They entered the plea by mistake or did not understand the nature of the charges. They entered the plea involuntarily through fraud, coercion or undue influence. The defendant has a defense against the crime they are accused of. The withdrawal of the guilty plea will promote justice. You can also withdraw a guilty plea after sentencing if it is necessary to correct a manifest injustice. That’s a specific finding by the court that the outcome of a case is plainly and obviously unjust. This can only happen if the court sets aside the judgment of conviction within 21 days of entering a final order and permits a defendant to withdraw the guilty plea. Do not rush into accepting a plea deal Withdrawing a guilty plea is not as easy as it sounds due to the legal complexities involved. It may not even be possible in some cases. Therefore, it is best to have experienced legal guidance at every stage of your criminal case to help you make the right decisions and protect your interests along the way.  The post Can you withdraw a guilty plea? first appeared on Ronald E. Smith, P.C..
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# Protective Orders
4. Protective Orders
## Most Recent Posts in Protective Orders
##### Categories
##### Archives
* [Mar 27, 2023
  **3 types of protective orders**
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* [Dec 23, 2022
  **2 mistakes to avoid when there is a protection order against you**
# Larceny & Theft
4. Larceny & Theft
## Most Recent Posts in Larceny & Theft
* [Mar 22, 2023
  **Research: What are the reasons behind fraud?**
* [Feb 8, 2023
  **How does embezzlement become a larceny charge?**
# Drug Charges
4. Drug Charges
## Most Recent Posts in Drug Charges
* [Mar 21, 2023
  **How do prosecutors show someone had intent to distribute drugs?**
* [Feb 27, 2023
  **Can the police examine your trash?**
* [Feb 14, 2023
  **Is drug prescription fraud a felony?**
# Assault & Battery
4. Assault & Battery
## Most Recent Posts in Assault & Battery
* [Jan 7, 2023
  **Can you withdraw a guilty plea?**
# Social Security Disability
4. Social Security Disa ...
## Most Recent Posts in Social Security Disability
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  If you would like more information, you can contact us at 703-382-5840. Thank you!
# 2022
3. 2022
## Most Recent Posts from 2022
* [Dec 22, 2022
  **How long will a protective order last?**
* [Dec 15, 2022
  **What if addiction is to blame for your recent drug charges?**
* [Dec 8, 2022
  **Can police enter and search my home without a warrant?**
* [Nov 16, 2022
  **3 things to know about compassionate allowances**
* [Nov 11, 2022
  **Can you avoid a criminal record if addiction led to your arrest?**
* [Oct 29, 2022
  **What must a prosecutor prove to convict you of embezzlement?**
* [Oct 21, 2022
  **How long does it take to get through an SSDI appeal?**
* [Oct 14, 2022
  **Can you still get a DUI if you’ve not drunk all day?**
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# December
4. December
## Most Recent Posts from December, 2022
# 2 mistakes to avoid when there is a protection order against you
5. 2 mistakes to avoid ...
December 23, 2022
kreed
Virginia courts issue protective orders when there is substantial evidence, or threats, of violence between two parties. A protective order, as the name suggests, prohibits the aggressive party from coming into contact with the alleged victim, sometimes with a specific distance – for instance, the defendant may be directed to keep a 100-feet distance from the alleged victim for the duration of the protective order.  Having a protective order taken out against you is a big deal. Depending on the circumstances that led to its issuance, a violation can attract harsh penalties, including fines, an arrest and even imprisonment. In a divorce setting, violating a restraining order can also impact your child custody case.  Here are two missteps you want to avoid at all costs where there is an active protective order against you. 1. Contacting your alleged victim Generally, a protection order will bar you from contacting the protected party either directly or indirectly. This means that you cannot call, text or email the alleged victim. It also means that you cannot use your surrogates to contact them. If you have to contact your alleged victim, say for purposes of visiting your child, be sure to seek direction from the court.  2. Accepting invitations to meet the protected party If an order of protection expressly prohibits you from contacting the other party, be sure to observe it. Sometimes, your alleged victim might want to reach out to talk things out. And you might be tempted to accept the initiative – after all, you want peace.  However, this can be a costly mistake. An order of protection, once issued by the court, must stay until the same court or a higher one lifts it. If the other party is trying to extend an olive branch, do not respond. If you find yourself a subject of a protective order, it is crucial that you get ahead of the situation as soon as you can. Knowing your legal options can help you safeguard your rights and interests while dealing with a protective order. The post 2 mistakes to avoid when there is a protection order against you first appeared on Ronald E. Smith, P.C..
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# How long will a protective order last?
5. How long will a ...
December 22, 2022
Lawrence, Smith & Gardner
You could end up subject to a protective order after getting convicted of a criminal offense involving another person or them simply bringing accusations against you in court.  A protective order could limit where you visit and the people with whom you interact.
Violations of a protective order could lead to jail time in some cases and could also complicate pending family law cases. When someone else secures protective order against you, how long will that order affect your life?
## The duration of impact depends on the type of order
There are technically three different kinds of protective orders that the Virginia courts can issue. How long an order applies depends on what kind of protective order it is.
The fastest order someone can obtain and also the shortest-lasting is an emergency protective order. It typically expires either three days after the court issues it or the next day the courts are in session. A preliminary protective order lasts a bit longer, typically for 15 days or until the courts have time for a full hearing.
A standard protective order can potentially remain in effect for up to two years. When it will soon expire, the person who requested it initially can go back to court and ask to renew or extend the protective order. Instead of just waiting for the order to expire, you may want to defend yourself against claims that you threaten or harmed another person.
Understanding the rules that apply to Virginia protective orders can help you reduce the impact of someone seeking an order that will limit your life.
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# What if addiction is to blame for your recent drug charges?
5. What if addiction is ...
December 15, 2022
There are some people who get arrested for drug offenses in Virginia when all they want is to experiment or have an unusually exciting weekend. Still, many of the people who end up arrested for state drug offenses are frequent users of the same substance, often because they struggle with chemical dependence.
It can be difficult to admit to yourself that addiction has taken control of your life and even harder to do something about it. A recent arrest for a nonviolent drug offense could potentially be the wake-up call you need to regain control over your life.
Of course, having a drug charge on your record and possibly spending time in jail won’t help you achieve sobriety or move on with your life. Thankfully, the Virginia criminal justice system has a special program for those who break the law because of an addiction-related issue.
## Virginia’s adult drug courts offer treatment, not punishment
Criminalizing drug use has not deterred people from possessing and consuming prohibited or controlled substances. If anything, the criminal consequences and social stigma that stem from prohibition policies help reinforce the cycle of substance abuse.
The adult drug treatment courts seek to break that cycle. Those who qualify for drug court proceedings will have far more involvement with the courts. They will need to attend frequent hearings and meetings. Drug court usually requires frequent counseling sessions or rehabilitation services. Additionally, there will be drug testing performed randomly to ensure someone has not resumed using any illegal substances.
Although it often takes over a year to complete drug court, doing so can be incredibly beneficial.
## How drug court helps
If you successfully complete the drug court process, you will derive three primary benefits. The first is the treatment that the courts will require you to undergo. You will have an opportunity to identify the root cause of your substance abuse and learn how to overcome your own worst impulses.
The second is that you eliminate criminal penalties. You won’t face incarceration or large fines when you go through the drug courts instead of the criminal courts. Finally, you avoid a criminal record. Successful completion of drug court proceedings will eliminate the risk of a permanent criminal record that marks you as a drug user.
Understanding how the Virginia drug courts work can help those hoping to fight back against upcoming drug charges.