La. Code Crim. Proc. art. 559
This is the official text of La. Code Crim. Proc. art. 559, part of Louisiana’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Louisiana.
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Withdrawal or setting aside of plea of guilty
Official statutory text
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after a contradictory hearing, which may be waived by the state in writing, the court may permit a plea of guilty to be withdrawn at any time before sentence.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C. The admissibility of a withdrawn plea of guilty and the facts surrounding it, is governed by Louisiana Code of Evidence Article 410.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2014, No. 85, §1.
{{NOTE: See Acts 1988, No. 515, §12, regarding effectiveness and applicability.}}
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C. The admissibility of a withdrawn plea of guilty and the facts surrounding it, is governed by Louisiana Code of Evidence Article 410.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2014, No. 85, §1.
{{NOTE: See Acts 1988, No. 515, §12, regarding effectiveness and applicability.}}
Status: in_force · Read it on the official government site
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