Legal form?

Is there a legal form/application one has to complete and file with a court in Ontario in order to bring a motion to have a court set aside a guilty plea? if so, what is it called and where can I obtain one?

Asked 12 months ago in Ontario
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

The process to bring an motion / appeal to strike a guilty plea is complex, legally speaking.  You should sit down with a lawyer for a consultation to determine the correct procedure, as it either has to go in front of the Judge who took your plea, or you have to file an appeal with a higher level of court (depending on the factual circumstances of your case).  Further, the law is very specific and should be reviewed before bringing this type of motion, to ensure it has merit.  
Andrew Captan
Toronto Criminal Lawyer

Posted 12 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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