Pleading guilty to a criminal offense in Washington is a serious and often life-altering decision. While many pleas are entered knowingly and voluntarily, not all are. In some cases, a person may realize—either immediately or after the fact—that the plea was entered under pressure, without full understanding, or based on incomplete or incorrect legal advice. Fortunately, Washington law provides a mechanism to undo a guilty plea when continuing with the plea would result in injustice. This legal remedy is called a motion to withdraw a guilty plea, governed by Criminal Rule 4.2(f).

Understanding CrR 4.2(f)

Criminal Rule 4.2(f) states that a court shall allow a defendant to withdraw a guilty plea “whenever it appears that the withdrawal is necessary to correct a manifest injustice.” This is a high legal standard. Courts generally favor the finality of guilty pleas and require a compelling reason to undo them. The burden falls squarely on the defendant to demonstrate that continuing with the plea would result in a clear and undeniable injustice.

What Is a “Manifest Injustice”?

A “manifest injustice” refers to a fundamental error or unfairness that undermines the legitimacy of the plea process. Washington courts have interpreted this to mean an obvious or direct wrong that affects the integrity of the proceedings. For example, if a defendant was not informed of the consequences of pleading guilty—such as mandatory deportation for non-citizens—or if they received incorrect legal advice from their attorney, that may support a claim of manifest injustice. Similarly, if the plea was entered involuntarily, under coercion, confusion, or mental impairment, the court may determine that justice requires the plea to be undone. Other qualifying situations might include the prosecution failing to uphold its end of a plea agreement, or the court failing to conduct a proper plea colloquy.

When and How to File the Motion

A motion to withdraw a guilty plea is typically filed before sentencing, when courts are more receptive to reviewing the fairness of the plea. However, in some cases, it may be filed after sentencing—particularly if new facts emerge, a constitutional violation becomes apparent, or if the defendant did not have the ability to raise their concerns earlier. The motion must be supported by declarations or affidavits and include detailed legal arguments. Courts expect more than dissatisfaction with an outcome; they require specific, documented reasons showing that the plea was invalid or unjust when entered.

The Court’s Role and the Hearing Process

After the motion is filed, the court will schedule a hearing to assess the merits of the request. At the hearing, the defense presents evidence to establish that a manifest injustice occurred. The prosecution may oppose the motion, and the judge will weigh both sides before issuing a ruling. If the court grants the motion, the guilty plea is withdrawn, and the case returns to its pre-plea stage. The prosecution is then free to proceed with the original charges unless a new resolution is reached.

Strategic Considerations

Withdrawing a guilty plea is not without risk. In some cases, doing so may reexpose the defendant to more serious charges or eliminate a favorable sentencing recommendation. The defendant may also face a full trial with no assurance of a better outcome. As such, these motions should only be pursued after careful legal analysis. A skilled defense attorney can help evaluate the likelihood of success and whether withdrawing the plea is in the client’s best interest.

Options After Sentencing

If sentencing has already occurred, a defendant’s ability to withdraw the plea is more limited. However, alternative avenues of relief may still be available, such as filing a motion under CrR 7.8 for relief from judgment or pursuing a personal restraint petition. These options typically require a showing of constitutional error or newly discovered evidence and must be filed within specific timeframes. While more complex, they can be effective tools when a plea was fundamentally flawed.

Why You Need an Attorney

Motions to withdraw guilty pleas are legally complex and fact-intensive. Courts view these requests with skepticism and expect strong, well-supported arguments. An experienced criminal defense attorney can assess whether CrR 4.2(f) applies, gather supporting evidence, and advocate effectively in court. Without proper representation, a defendant risks missing key procedural steps or failing to meet the legal burden—potentially losing the chance to correct a serious injustice.

Contact the Law Office of Erin Bradley McAleer

If you believe your guilty plea was entered unfairly, under pressure, or without full understanding of the consequences, you may have a legal right to withdraw it. At the Law Office of Erin Bradley McAleer, we help clients across Washington challenge invalid pleas and seek just outcomes. Don’t assume you’re out of options. Contact us today for a free, confidential consultation and find out how we can help.