Section 559 – Withdrawal or setting aside of plea of guilty

May 13, 2021 | Crimianl Procedure, Louisiana

A. Upon motion of the defendant and after a contradictory hearing, which may be waived by the state in writing, the court may permit a plea of guilty to be withdrawn at any time before sentence.
B. The court shall not accept a plea of guilty of a felony within forty-eight hours of the defendant’s arrest. When such a plea has been accepted within the forty-eight hour period, the court, upon a motion filed by the defendant within thirty days after the plea was entered, shall set aside the plea and any sentence imposed thereon.
C. The admissibility of a withdrawn plea of guilty and the facts surrounding it, is governed by Louisiana Code of Evidence Article 410.

La. Cr.P. § 559

Amended by Acts 2014, No. 85,s. 1, eff. 8/1/2014.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989.

SEE ACTS 1988, NO. 515, §12.