Withdrawal of Plea

Definition

The act of taking back a guilty plea before or after sentencing. Courts may allow a defendant to withdraw a plea under certain conditions, but the question in Hunter's case is whether the government — not the defendant — can force the invalidation of a plea it agreed to.

Examples

• •The government moved to withdraw from Hunter's plea agreement, effectively asking the court to undo the guilty plea and allow prosecution to proceed fresh — an action Hunter argues the Double Jeopardy Clause forbids.

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