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Cross Examination of Expert Witnesses from Michael DeBlis III, Esq., LLM Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share
A motion to withdraw a guilty plea is determined under the standards set forth in State v. Slater, 198 N.J. 145 (2009). Under Slater, such motions are considered under the same four-factor test regardless of whether the motion is made before or after sentencing. Courts deciding such motions must consider: “(1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant’s reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the accused.” Id. at 150 (emphasis supplied). If the motion is made prior to sentencing, these four factors are considered under the interests of justice standard of R. 3:9-3(e). Id. at 156. If the motion is made at any point after sentenc Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share
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