The Florida Law Guy explains how Defendants who plead guilty are sometimes permitted to withdraw their guilty plea. Under Rule 3.170 of the Florida Rules of Criminal Procedure, if the defendant has not yet been sentenced, the Court may in its discretion allow the Defendant to withdraw their guilty plea. However, if the Defendant has already been sentenced, the Defendant may withdraw the plea only if the State breaches the plea bargain, or if the Defendant's plea was not entered freely, knowingly, and voluntarily.
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