You can change your plea after entering it, but the process and complexity depend on whether you are changing from not guilty to guilty or vise versa. Changing a plea from not guilty to guilty is generally straightforward and can typically be done at any time be done at any time before or on the trial date. This change is best made as early as possible to potentially secure a more favorable sentencing outcome. However, pleading guilty means admitting to every element of the charge, and it is difficult to appeal the conviction once the plea is entered as it remains on the defendant’s criminal record. A change of plea hearing will be set, where the court ensures the defendant understands the rights they are waiving.

On the other hand, changing a plea from guilty to not guilty is more complex and requires court approval in a process known as “plea traversal”. The defendant must seek leave (permission) from the court, which will only grant the request if a miscarriage of justice has occurred. The burden is on the defendant to prove that such a miscarriage has taken place. A plea change from guilty to not guilty may only be requested before sentencing and in exceptional circumstances. If successful, the case will restart from the beginning. Defendants must apply as soon as they become aware of the grounds for the plea change and before the final disposal of the case.

To establish a miscarriage of justice, the defendant must provide valid reasons for withdrawing the guilty plea. The court will consider whether the plea was entered voluntarily and with full knowledge of the consequences. If the defendant accepted a plea deal under duress or without understanding the implications, the court may deem it in the interest of justice to allow the withdrawal.

In determining whether to grant a plea withdrawal, the court evaluates several factors, including whether the defendant agrees with the police fact sheet, whether the prosecution has sufficient evidence to prove the offense beyond a reasonable doubt, any available defenses, the possibility of negotiating charges, and the potential penalty, considering that an early guilty plea typically results in a 25% sentence reduction.

The stage at which the request is made is also crucial. A judge is more likely to grant a withdrawal in the early stages of the case or shortly after the plea is entered. At this stage, the defendant must demonstrate that allowing the conviction to stand would result in a clear injustice.