8.7​Taking Pleas Under Advisement and Plea Withdrawal

A.​Generally

MCR 3.941(D) allows the court to take a plea under advisement and establishes standards for withdrawal of pleas:

“The court may take a plea of admission or of no contest under advisement. Before the court accepts the plea, the juvenile may withdraw the plea offer by right. After the court accepts the plea, the court has discretion to allow the juvenile to withdraw a plea.”⁷

B.​Withdrawal of Plea After Being Denied Admission to Drug Treatment Court

A juvenile who is denied admission to a drug treatment court after admitting responsibility is entitled to withdraw his or her admission of responsibility. MCL 600.1068(5) states:

“An individual who has waived his or her right to a preliminary examination and has pled guilty or, in the case of a juvenile, has admitted responsibility, as part of his or her application to a drug treatment court and who is not admitted to a drug treatment court, shall be permitted to withdraw his or her plea and is entitled to a preliminary examination or, in the case of a juvenile, shall be permitted to withdraw his or her admission of responsibility.”

C.​Withdrawal of Plea After Acceptance

“‘[I]n order to withdraw a guilty plea before sentencing, the defendant must first establish that withdrawal of the plea is supported by reasons based on the interests of justice. If sufficient reasons are provided, the burden then shifts to the prosecution to demonstrate substantial prejudice.’” In re Hastie, unpublished opinion per curiam of the Court of Appeals, issued March 28, 2000 (Docket No. 213880), quoting People v Spencer, 192 Mich App 146, 151 (1991). “To constitute substantial prejudice, the prosecution must show that its ability to prosecute is somehow hampered by the delay. This would appear to require more than mere inconvenience in preparing for trial.” Id. at 151.