[dbrriddle]

Can I change my plea at sentencing to a charge of assault on a prison personnel? I was falsely jailed on a domestic violence charge - while I was in the holding cell I was so mad that I kicked the door and the guards reached in and pulled me out by the hair of my head. I kicked back causing an impact with one guard as the other guard pulling my hair yanked my head back supposedly giving him a broken nose. The two guards then proceeded to smash me to the floor (causing injury to all parts of my body including face and teeth - I have pictures) and put me in what they call the "chair". I was in the chair for app. 6 hours before they let me out. Anyway I went to pretrial with a court appointed lawyer and ended up going up in front of the judge to plea right then. My lawyer made me plea no contest to one count of assault (I was charged with 2 counts on prison personnel) to drop the other charge. Two weeks later my domestic violence charge was dismissed due to the fact the victim could not be located. Now I am wondering if I can change my plea and ask for time to pay for a new lawyer as I believe I was railroaded into pleaing early and I feel my court appointed didn't do me justice. What do you think?

[aaron]

Normally when you enter a guilty plea, you "allocute". ("Allocution" is when you state facts on the record, under oath, which provide a basis for the conviction.) If the judge is satisfied that you have confessed to the elements of the offense charged, the judge then accepts your guilty plea. This makes it hard to back out of a guilty plea, as you have confessed on the record in court.

Generally speaking, judges are reluctant to allow defendants to change their pleas once entered, absent very good cause. Your belief that a necessary witness won't show up in court is not likely to be something a judge would view as compelling.

You should consider consulting your lawyer, or a local criminal defense lawyer, about your situation and seeing what options are open to you.